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

In the Matter of                   )
                                )       File No. EB-02-PA-319
Urban Radio of Pennsylvania, L.L.C.     )
Radio Station WURP              )       NAL/Acct.             No. 
200332400006
Philadelphia, Pennsylvania      )
                                )       FRN: 0004-9241-06
                                )       

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: January 6, 2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  Urban  Radio  of  Pennsylvania,  L.L.C. 
(``Urban'')  has   apparently  violated   Sections   17.47(a)(1), 
17.48(a) and 17.51(a) of the Commission's Rules (the ``Rules'')1.  
These violations occurred because Urban failed to exhibit all red 
obstruction lighting  on its  antenna structure,  failed to  make 
observations of the obstruction lighting once every 24 hours  and 
failed to notify the  Federal Aviation Administration ("FAA")  of 
an  obstruction  light  outage.    We  conclude  that  Urban   is 
apparently liable  for  a forfeiture  in  the amount  of  fifteen 
thousand dollars ($15,000). 

                         II.  BACKGROUND

     2.   Urban, licensee of AM broadcast station WURP, owns  the 
antenna structure which is located at the coordinates 40o 24' 47" 
N  by  079o  51'  13"  W  and  assigned  the  Antenna   Structure 
Registration Number  1225839.  Based  on FAA  Aeronautical  Study 
Number  89-AEA-1635-OE,  Urban   is  required   to  display   red 
obstruction lighting on the antenna structure between sunset  and 
sunrise. 

     3.   On  September  25,   2002,  the  Enforcement   Bureau's 
Philadelphia Office  received  a  fax from  an  anonymous  person 
stating that the  obstruction lighting on  the antenna  structure 
for AM broadcast station WURP was not functioning.  On October 2, 
2002, an  agent  from the  Philadelphia  Office traveled  to  the 
Braddock, Pennsylvania  area to  investigate the  complaint.   On 
October 2, 2002 between 9:40 p.m.  and 10:00 p.m., on October  3, 
2002 between  6:10 a.m.  and 6:43  a.m. and  on October  3,  2002 
between 7:20 p.m. and 7:45 p.m., the agent observed that the  red 
obstruction  lighting   on  the   WURP  antenna   structure   was 
extinguished.

     4.   On October 3, 2002, the agent contacted Mr. John  Heal, 
the chief  engineer for  station  WURP, to  inform Urban  of  the 
obstruction light outage.  During the telephone conversation, Mr. 
Heal stated that Urban was  not aware that the obstruction  light 
outage had occurred and, therefore, did not notify the FAA of the 
outage.  He  said that  although Urban  had an  agreement with  a 
person who  lived  near  the antenna  structure  to  monitor  the 
obstruction lighting, that person did not monitor the obstruction 
lighting as required.  

     5.   On October 10, 2002,  the Philadelphia Office issued  a 
Notice of  Violation  (``NOV'') to  ICBC  Broadcasting  Holdings, 
Inc., the  parent company  of  Urban.  The  NOV cited  Urban  for 
failure to  exhibit red  obstruction  lighting, in  violation  of 
Section 17.51(a), failure to make observations of the obstruction 
lighting once every 24 hours, in violation of Section 17.47(a)(1) 
of the Rules, and  failure to notify the  FAA of the  obstruction 
lighting outage, in violation of Section 17.48(a) of the Rules.

     6.   In a letter dated October 28, 2002, Mr. David  O'Connor 
of Holland &  Knight LLP submitted  a response to  the Notice  of 
Violation on  behalf of  Urban.  In  the response,  Mr.  O'Connor 
acknowledged the violations and  provided a detailed  description 
of the actions  that Urban  took to correct  the violations.   He 
stated that John  Heal, the chief  engineer of WURP,  immediately 
contacted the  FAA to  report the  outage after  learning of  the 
outage on October 3,  2002. He also stated  that Dan Plants,  the 
WURP tower contractor, completed  the repairs to the  obstruction 
lighting on October 7, 2002 at approximately 6:00 p.m., and  that 
the obstruction lighting had been functioning properly since  the 
repairs were made.  He further stated that the station retained a 
local consulting engineer to visually observe the tower structure 
to ensure compliance with  the lighting specifications, and  that 
in order to  preclude a recurrence  of unreported tower  lighting 
outages, the station ordered a  Broadcast Tools AVR8 Alarm  Voice 
Response Unit  that would  be installed  at the  site. This  unit 
would constantly  monitor  the  obstruction  lighting  and  place 
emergency calls  automatically to  several WURP  personnel if  an 
outage occurs. 

                        III.  DISCUSSION

     7.   Section 17.47(a)(1)  of  the Rules  requires  that  the 
owner of  any  antenna structure  which  is registered  with  the 
Commission  and   has  been   assigned  lighting   specifications 
referenced in this  part shall make  observations of the  antenna 
structure's lights at least once each 24 hours either visually or 
by observing an automatic properly maintained indicator  designed 
to register any failure of such lights, to insure that all lights 
are functioning  properly  as  required.  Urban  failed  to  make 
observations of the obstruction lighting  on October 2, 2002  and 
October 3,  2002.   Consequently,  Urban  was  unaware  that  the 
obstruction  lighting   on  the   WURP  antenna   structure   was 
extinguished.   

     8.   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 referenced in  this 
part shall report  immediately by telephone  or telegraph to  the 
nearest Flight Services Station or office of the Federal Aviation 
Administration any observed or otherwise known extinguishment  or 
improper functioning of any top steady burning light or  flashing 
obstruction light,  regardless of  its  position on  the  antenna 
structure, not  corrected within  30  minutes.  Urban  failed  to 
notify the FAA of the  obstruction light outage that occurred  on 
the WURP  antenna structure  on October  2, 2002  and October  3, 
2002.

     9.   Section 17.51(a)  of the  Rules requires  that all  red 
obstruction lighting shall  be exhibited from  sunset to  sunrise 
unless otherwise specified.  On October 2, 2002 between 9:40 p.m. 
and 10:00 p.m.,  on October 3,  2002 between 6:10  a.m. and  6:43 
a.m., and on  October 3, 2002  between 7:20 p.m.  and 7:45  p.m., 
Urban Radio  of Pennsylvania,  LLC., failed  to exhibit  the  red 
obstruction lighting on the WURP antenna structure.

     10.  Based on the  evidence before  us, we  find that  Urban 
willfully2  and   repeatedly3  violated   Sections   17.47(a)(1), 
17.48(a), and 17.51(a) of the Rules.  The Commission's Forfeiture 
Policy Statement and Amendment  of Section 1.80  of the Rules  to 
Incorporated the Forfeiture Guidelines,  12 FCC Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 
Statement''),4 sets  the base  forfeiture amount  for failure  to 
make required  measurements  or conduct  required  monitoring  at 
$2,000, for  failure to  file required  forms or  information  at 
$3,000, and for failure to comply with prescribed lighting and/or 
marking at $10,000.  In assessing the monetary forfeiture amount, 
we must  take into  account the  statutory factors  set forth  in 
Section 503(b)(2)(D)  of the  Communications Act  of 1934,5  (the 
``Act''), as amended,  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  Forfeiture  Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we believe that a fifteen thousand dollar  ($15,000) 
is warranted. 

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6, and Sections  0.111, 0.311 and  1.80 of  the 
Rules7, Urban Radio of Pennsylvania L.L.C. is hereby NOTIFIED  of 
its APPARENT LIABILITY FOR A FORFEITURE in the amount of  fifteen 
thousand dollar ($15,000) for failing to make observations of the 
obstruction lighting on the WURP antenna structure on October  2, 
2002 and October 3, 2002, in violation of Section 17.47(a)(1)  of 
the Rules, failing  to notify  the FAA of  the obstruction  light 
outage on October 2,  2002 and October 3,  2002, in violation  of 
Section 17.48(a) of  the Rules,  and failing to  exhibit all  red 
obstruction lighting on the WURP antenna structure on October  2, 
2002 and October 3, 2002, in violation of Section 17.51(a) of the 
Rules,. 

     12.  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, Urban  Radio of Pennsylvania L.L.C.  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     13.  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  include 
the FCC Registration Number  (FRN) 0004-92-4106, and should  note 
the NAL/Acct. No. 200332400006.

     14.  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. 200332400006 and  FRN: 
0004-92-4106. 

     15.  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.  

     16.  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. 20554.8 

     17.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent  to the Technical  and Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Urban Radio of  Pennsylvania, L.L.C., at 2471  North 
54th Street, Suite 220, Philadelphia, Pennsylvania 19131. 


                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              John E. Rahtes
                              District Director
                              Philadelphia Office

_________________________

1 47 C.F.R  17.47(a)(1), 17.48(a), and 17.51(a). 

2 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).

3 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.
4
 47 C.F.R.  1.80.

5 47 U.S.C  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.