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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:
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).
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.
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
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
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,
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.