******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) Notice of Apparent ) File No. BR-901129VO Liability for Forfeiture ) Issued to ) Newport Broadcasting, Inc. for ) Station WADK(AM) ) Newport, Rhode Island ) ) and ) ) Perry Communications for ) Station WOTB(FM) ) File No. BRH-901130VP Middletown, Rhode Island ) MEMORANDUM OPINION AND ORDER AND NOTICE OF FORFEITURE Adopted: March 6, 1997; Released: March 17, 1997 By the Commission: 1. The Commission has before it for consideration a Notice of Apparent Liability ("NAL") for forfeiture released March 29, 1996, directed to Newport Broadcasting, Inc., as licensee of Station WADK(AM), Newport, Rhode Island and Perry Communications of Rhode Island, Inc., as licensee of Station WOTB(FM), Middletown, Rhode Island. See Newport Broadcasting, Inc., 11 FCC Rcd 3624 (1996) ("Newport"). The Commission issued an NAL for $3,500 to Newport Broadcasting, Inc. and Perry Communications of Rhode Island, Inc. for failing to pursue adequate Equal Employment Opportunity (EEO) recruitment efforts for specific vacancies, and failing to maintain sufficient records for meaningful self-assessment, in violation of the Commission's EEO Rule, 47 C.F.R.  73.2080. 2. Newport Broadcasting, Inc. and Perry Communications have not responded to the NAL. Accordingly, we incorporate herein by reference the licensees' record of inadequate efforts, as set forth in Newport. Based on that record, we conclude that our determination in Newport was correct that a forfeiture amount of $3,500 is warranted. 3. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C.  503(b), that Newport Broadcasting, Inc. and Perry Communications of Rhode Island, Inc. FORFEIT to the United States the sum of three thousand, five hundred dollars ($3,500) for failing to comply with the Commission's EEO provisions, 47 C.F.R.  73.2080. Full payment of the forfeiture may be made by mailing to the Commission a check or similar instrument payable to the Federal Communications Commission within 30 days of the release date of this Order. In regard to this forfeiture proceeding, the licensees may take appropriate action as set forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, and Section 504(a) of the Communications Act of 1934, as amended, 47 U.S.C.  504(a), as summarized in the attachment to this Memorandum Opinion and Order and Notice of Forfeiture. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary