Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )
Madison Broadcasting Group,      )       File Number EB-02-NF-051
Inc.                             )       NAL/Acct.No.N20023264002
Danboro, PA                      )                    FRN 6144950
Antenna Structure Registration 
Nos.  1065920, 1065921, 
1065922, 1065923, 1065924


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  April 29, 2002

By the Enforcement Bureau, Norfolk Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that   Madison  Broadcasting   Group,  Inc.   (``Madison'') 
apparently violated  Sections 17.4(g)  and 17.50  of the  Federal 
Communications Commission's (``FCC'') Rules.1  Madison failed  to 
post its  antenna structure  registration (``ASR'')  numbers  and 
failed  to  maintain  specified  painting  on  its  five  antenna 
structures in  Lynchburg,  Virginia.  We  conclude  that  Madison 
Broadcasting Group, Inc. is  apparently liable for forfeiture  in 
the amount of twelve thousand dollars ($12,000.00).

                         II.  BACKGROUND

     2.   On February 28, 2002, an agent from the FCC Enforcement 
Bureau's Norfolk  Resident  Agent Office  observed  five  antenna 
structures,  registration  numbers  1065920,  1065921,   1065922, 
1065923 and 1065924,  owned by Madison  and used as  part of  the 
WLVA AM  broadcast facility  in Lynchburg,  Virginia.  The  agent 
observed that the required painting on each antenna structure was 
faded and chipped such that it failed to provide good visibility.  
Also, the agent observed  that all five towers  did not have  the 
required ASR number posted.

                        III.  DISCUSSION

     3.   Section 17.4(g)  of the  Rules requires  the owners  of 
registered antenna  structures to  display the  ASR number  in  a 
conspicuous place so that it is readily visible near the base  of 
the antenna structure.2 

     4.   Section 17.50  of  the Rules  states  that  ``[a]ntenna 
structures requiring painting under this part shall be cleaned or 
repainted as often as necessary to maintain good visibility.''3  

     5.   Based on  the  evidence  before us,  we  find  that  on 
February 28, 2002, Madison  willfully4 violated Sections  17.4(g) 
and 17.50 of the Rules.5   Madison failed to display ASR  numbers 
on all five of its antenna  structures and it failed to clean  or 
repaint its  five antenna  structures as  often as  necessary  to 
maintain good visibility.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and/or  marking  is  $10,000.6    Section  1.80(b)(4)  does   not 
establish a base forfeiture  amount for failure  to post the  ASR 
number.   The  Commission  has   determined,  however,  that   an 
appropriate base forfeiture  amount for failure  to post the  ASR 
number is  $2,000  per  violation.7  In  assessing  the  monetary 
forfeiture amount, we must also  take into account the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of  1934 (``Act''),  as amended,  which include  the  nature, 
circumstances, extent, and gravity of the violation(s), and  with 
respect to the violator, the  degree of culpability, any  history 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.8  Considering the entire record and applying 
the statutory factors listed above, this case warrants a  $12,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,9  and 
Sections 0.111,  0.311  and  1.80 of  the  Commission's  Rules,10 
Madison Broadcasting  Group,  Inc.,  is hereby  NOTIFIED  of  its 
APPARENT LIABILITY  FOR  A FORFEITURE  in  the amount  of  twelve 
thousand dollars ($12,000.00) for  willful violation of  Sections 
17.4(g) and 17.50 of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,11 within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Madison Broadcasting Group, 
Inc., SHALL PAY  the full  amount of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     9.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.   The payment must note  the 
FRN 6144950 and the NAL/Acct. No. N20023264002.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE FRN  and 
NAL/Acct. No. N20023264002.

     11.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group,  445 12th  Street, SW,  Washington, 
D.C. 20554.12

     13.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to   Madison   Broadcasting   Group,   Inc.,   contact 
representative L. Jay Mapstone; 22 Terrace Drive Nyack NY  10960.  
A copy shall also be mailed to Madison Broadcasting Group,  Inc., 
POB 50; Danboro, PA 18947.

                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Joseph P. Husnay
                              Resident Agent, Enforcement Bureau
_________________________

1 47 C.F.R.  17.4(g) and 17.50
2 47 C.F.R.  17.4(g).
3 47 C.F.R.  17.50.
4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `willful,' when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
5 47 C.F.R.  17.4(g) and 17.50
6 47 C.F.R.  1.80(b)(4)
7 American Tower Corporation, 16 FCC Rcd 1282 (2001).
8 47 U.S.C.  503(b)(2)(D). 
9 47 U.S.C.  503(b).
10 47 C.F.R.  0.111, 0.311, 1.80.
11 47 C.F.R.  1.80.
12 See 47 C.F.R.  1.1914.