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                )
                                )            File  No.  EB-02-CG-
                         414
Ad-Venture Media, Inc.          )            
WQRK                            )            NAL/Acct. No. 
200332320002
Bedford, Indiana                )            
                                )            FRN: 0002 882 439

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   January 
               23, 2003

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find that Ad-Venture Media, Inc.  (``Ad-Venture'') 
has apparently violated  Section 17.50 of the Commission's  Rules 
(the  ``Rules'').1  This violation  occurred as a  result of  Ad-
Venture's failure  to repaint the antenna  structure as often  as 
necessary  to maintain  good visibility.   We conclude  that  Ad-
Venture is  apparently liable for a  forfeiture in the amount  of 
ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On June  25,  2002,  an  agent  from  the  Commission's 
Chicago Office inspected  the antenna structure of Radio  Station 
WQRK.  At  the time of the inspection,  the paint on the  antenna 
structure  was  badly faded  and  rust was  visible  through  the 
paint.

     3.   On July 2, 2002, the Chicago Office issued a Notice  of 
Violation  (``NOV'') to  Ad-Venture  for violation  of  FCC  Rule 
Section 17.50.

     4.   On  July  15,  2002,  the  Chicago  Office  received  a 
response to the NOV from Ad-Venture.  In their reply,  Ad-Venture 
stated  that  had hired  a  contractor to  paint  WQRK's  antenna 
structure, with work commencing on July 13, 2002.

                      III.      DISCUSSION

     5.   Section 17.50 specifies antenna structures shall be 
cleaned or repainted as often as necessary to maintain good 
visibility.  At the time of the inspection, WQRK's antenna 
structure's paint was severely faded and the bands of paint were 
not distinguishable, resulting in poor visibility of the 
structure.  

     6.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'')2 as  implemented in Section 1.80 of the Rules.3   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.  Forfeiture amounts  are 
decided in accordance  with Section 503(b)(2) of the Act and  the 
Commission's forfeiture  guidelines in Section 1.80(b)(4) of  the 
Rules.

     7.   Based on  the  evidence before  us,  we find  that  Ad-
Venture willfully  and repeatedly violated  Section 17.50 of  the 
Rules  by failing  to repaint  the antenna  structure as  needed.  
Pursuant  to The  Commission's  Forfeiture Policy  Statement  and 
Amendment  of  Section  1.80 of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC Rcd  17087 (1997), recon.  denied, 
15  FCC Rcd  303 (1999)  (``Forfeiture Policy  Statement''),  the 
base  forfeiture amount  for failure  to comply  with  prescribed 
marking  is ten  thousand  dollars.  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.6  After  applying  the  Forfeiture  Policy 
Statement  and the  statutory  factors to  the instant  case,  we 
believe a $10,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   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,7  Ad-Venture  Media,  Inc.  is  hereby  NOTIFIED  of   its 
APPARENT  LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  ten 
thousand  dollars ($10,000) for  failure to  repaint the  antenna 
structure as needed, in violation of Section 17.50.

     9.   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, Ad-Venture Media, Inc. SHALL PAY the  full 
amount  of  the  proposed forfeiture  or  SHALL  FILE  a  written 
statement  seeking  reduction or  cancellation  of  the  proposed 
forfeiture.

     10.  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. 200332320002 and FRN 0002 8824 39.

     11.  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. 
20402  and MUST INCLUDE  THE NAL/Acct. No.  200332320002 and  FRN 
0002 8824 39. 

     12.  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.

     13.  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

     14.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT  LIABILITY  shall  be sent  by  Certified  Mail,  Return 
Receipt  Requested, to  Ad-Venture Media,  Inc., 424  Heltonville 
Road, Bedford, Indiana  47421.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office


Attachment A:  Condensed List of Small Entities
_________________________

1 47 C.F.R.  17.50.

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

3 47 C.F.R.  1.80.

4 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  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 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

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

8 See 47 C.F.R.  1.1914.