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


                                )
In the Matter of                   )         File No. EB-01-PA-
312
                                )
Beacon Broadcasting, Inc.       )       NAL/Acct.             No. 
200232400003
                                )
Warren, Ohio                       )         FRN: 0006-1146-64


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  June 14, 2002

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that  Beacon Broadcasting, Inc.  (``Beacon''), 
the  licensee   of   WGRP(AM),  Greenville,   Pennsylvania,   has 
apparently violated Sections 17.4(g),  17.48(a) and 17.50 of  the 
Commission's Rules (``the  Rules'').1  These violations  occurred 
as a result  of Beacon's  failure to post  the Antenna  Structure 
Registration  (``ASR'')   numbers   on   the   WGRP(AM)   antenna 
structures; failure to notify the Federal Aviation Administration 
(``FAA'')  that   the   obstruction   lighting   was   improperly 
functioning;  and  failure  to   repaint  the  WGRP(AM)   antenna 
structures. We conclude  that Beacon is  apparently liable for  a 
forfeiture in the amount of fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   On April 4,  2001, FCC  agent David  Dombrowski of  the 
Enforcement  Bureau's  Philadelphia  Office  inspected  the   two 
antenna structures utilized for broadcast station WGRP(AM).   The 
antenna structures  are  assigned  the ASR  numbers  1213201  and 
1213203  and   located   at  44   McCracken   Road,   Greenville, 
Pennsylvania.  During the inspection, the FCC agent observed that 
the  ASR  numbers  were  not  posted  on  the  WGRP(AM)   antenna 
structures and  that the  paint on  both antenna  structures  was 
severely faded and flaking. 

     3.   On April  23,  2001,  the  Philadelphia  Office  issued 
Beacon a Notice of  Violation (``NOV'') for  failure to post  the 
ASR  numbers  1213201  and   1213203  on  the  WGRP(AM)   antenna 
structures, in violation of Section 17.4(g) of the Rules, and for 
failure to clean and repaint  the WGRP(AM) antenna structures  to 
maintain good visibility,  in violation of  Section 17.50 of  the 
Rules.  In a response dated May 23, 2001, Beacon acknowledged the 
violations and stated that it posted the ASR numbers at the  base 
of  the  antenna  structures   and  would  repaint  the   antenna 
structures within 60 days.  

     4.   On November 7,  2001 and  November 8,  2001, FCC  Agent 
Dombrowski re-inspected the WGRP(AM) antenna structures to verify 
that Beacon had  sufficiently addressed the  violations cited  in 
the  April  23,  2001  NOV.   On  November  8,  2001,  FCC  agent 
Dombrowski observed that the ASR numbers 1213201 and 1213203 were 
not posted on the WGRP(AM) antenna structures and that the  paint 
on both antenna structures was still severely faded and  flaking.  
The FCC agent also observed on November 7, 2001 at 6:00 p.m.  and 
on  November  8,  2001  at  6:00  a.m.  that  the  top-level  red 
obstruction  lighting  on  the  antenna  structure  1213201   was 
extinguished.   After  interviewing  Michael  Arch,  the  Station 
Manager, the FCC  agent determined that  Beacon failed to  notify 
the FAA that the top-level obstruction lighting was extinguished.  

     5.   On November 15,  2001, the  Philadelphia Office  issued 
Beacon a NOV  for failure  to post  the ASR  numbers 1213201  and 
1213203 on  the  WGRP(AM)  antenna structures,  in  violation  of 
Section 17.4(g) of the Rules; for failure to notify the FAA  that 
the top-level  red  obstruction  lighting  was  extinguished,  in 
violation of Section 17.48(a)  of the Rules;  and for failure  to 
repaint the antenna  structures to maintain  good visibility,  in 
violation of Section  17.50 of  the Rules.  In  a response  dated 
December 5, 2001, Beacon  acknowledged the violations and  stated 
that it  posted  the  ASR  numbers  on  the  antenna  structures, 
notified  the  FAA  of  the  obstruction  light  malfunction  and 
commenced  work  to  correct  the  obstruction  lighting  outage.  
Beacon also  stated that  it obtained  estimates to  repaint  the 
antenna structures but the work  would commence upon the  receipt 
of funds.

                        III.  DISCUSSION

     6.   Section 17.4(g)  of the  Rules  requires that  the  ASR 
number be displayed in a conspicuous place so that it is  readily 
visible near the base of the antenna structure.  Section 17.50 of 
the Rules  requires  that the  antenna  structure be  cleaned  or 
repainted as often as necessary to maintain good visibility.   In 
the April 23, 2001 Notice  of Violation, the Philadelphia  Office 
notified Beacon that it should  immediately post the ASR  numbers 
and re-paint  the antenna  structures.  However,  on November  8, 
2001, the  FCC agent  observed that  Beacon still  had not  taken 
corrective action to post the ASR or paint the tower. 

     7.   Section 17.48(a) of the  Rules requires that the  owner 
of any antenna structure which is registered with the  Commission 
and  has  been  assigned  lighting  specifications  shall  report 
immediately by  telephone  or  telegraph to  the  nearest  Flight 
Service Station or office of the Federal Aviation  Administration 
any observed  or  otherwise known  extinguishment  or  improperly 
functioning of  any  top steady  burning  light or  any  flashing 
obstruction light,  regardless of  its  position on  the  antenna 
structure.  On November 7,  2001 and November  8, 2001, the  top-
level red obstruction lighting  on antenna structure 1213201  was 
extinguished.  Beacon failed to notify the FAA that the top-level 
obstruction lighting was extinguished.  

     8.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as amended2, 
(the ``Act'') as implemented  in Section 1.80  of the Rules3.   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have willfully4 or repeatedly5 failed to comply with the 
provisions of the Act or the Rules. 

     9.   Based on the  evidence before us,  we find that  Beacon 
apparently willfully  and  repeatedly violated  Section  17.4(g), 
Section 17.48(a)  and Section  17.50  of the  Rules.   Forfeiture 
amounts are decided in accordance  with Section 503(b)(2) of  the 
Act6  and  the  Commission's  forfeiture  guidelines  in  Section 
1.80(b)(4) of  the Rules7.   The Commission's  Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 
Statement''),  sets  the  base  forfeiture  amount  for  Beacon's 
marking and lighting  violations at  $10,000 and  for failure  to 
notify the FAA at $3,000.   The Forfeiture Policy Statement  does 
not establish a base forfeiture amount for failure to display the 
antenna  structure  registration  number.   The  Commission   has 
determined, however, that the appropriate base forfeiture  amount 
for failure to post the ASR number is $2,000 per violation.8   In 
assessing the  monetary  forfeiture  amount, we  must  take  into 
account the statutory factors  set forth in Section  503(b)(2)(D) 
of the Act,9 which include the nature, circumstances, extent, and 
gravity of the violation, 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.  Applying the 
Policy Statement and  the statutory factors  to the instant  case 
and applying the inflation adjustments, we believe that a fifteen 
thousand dollar ($15,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,10 Beacon  Broadcasting, Inc.  is  hereby NOTIFIED  of  its 
APPARENT LIABILITY  FOR A  FORFEITURE in  the amount  of  fifteen 
thousand dollars ($15,000) for failing  to post the ASR  numbers, 
failing to notify the  FAA and failing to  maintain the paint  on 
the WGRP(AM) antenna structures.  

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

     12.  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 should note the 
NAL/Acct. No. 200232400003 and FRN: 0006-1146-64.

     13.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST  INCLUDE THE NAL/Acct.  No. 200232400003 and  FRN: 
0006-1146-64.

     14.  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.

     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.11

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  Beacon Broadcasting,  Inc., 5075  Mahoning 
Avenue, Warren, Ohio 44483 and Beacon Broadcasting, Radio Station 
WGRP, 44 McCraken Road, Greenville, Pennsylvania 16125.   


                                   FEDERAL         COMMUNICATIONS 
COMMISSION




                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office


_________________________

1 47 C.F.R.  17.4(g), 17.48(a) and 17.50.

2 47 U.S.C.  503(b).

3 47 C.F.R.  1.80.

4  Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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 Section 312(f)(2), which also applies to Section 503(b), 
provides:  [t]he term ``repeated'', when used with reference to 
the commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.
6
 47 C.F.R.  503(b)(2).
7
 C.F.R.  1.80(b)(4).

8 See American Tower Corporation, 16 FCC Rcd 1282 (2001). 

9 47 U.S.C  503(b)(2)(D).

10 47 C.F.R.  0.111 and 0.311.

11  See 47 C.F.R.  1.1914.