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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number EB-04-BF-031
Beacon Broadcasting, Inc. )
Licensee of AM Station WANR ) NAL/Acct. No.
Warren, Ohio ) 200432280002
FRN: 0008 3694 23
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 26, 2004
By the Resident Agent, Buffalo Office, Northeast Region,
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Beacon Broadcasting, Inc.,
(``Beacon'') licensee of radio station WANR (AM) Warren,
Ohio, has apparently violated Section 73.49 of the
Commission's Rules (``Rules'')1 by failing to enclose one
of the station's two antenna towers within an effective
locked fence or other enclosure. We conclude that Beacon is
apparently liable for a forfeiture in the amount of seven
thousand dollars ($7,000).
2. On August 5, 2003 an agent from the FCC Enforcement
Bureau's Buffalo Office inspected AM station WANR licensed
to Warren, Ohio. The agent observed the gate to the fence
surrounding one of the two towers was missing. The tower
had radio frequency potential at the base and the property
did not have a perimeter fence to prevent unauthorized
access to the antenna tower.
3. On September 26, 2003, the Buffalo Office issued a
Notice of Violation (NOV) to Beacon Broadcasting concerning
the missing gate. Beacon responded telephonically, stating
the gate had been stolen, but would be replaced. The
Buffalo Office has not received a written reply to the NOV
4. On February 24, 2004, an agent from the FCC Enforcement
Bureau's Buffalo Office again inspected AM station WANR
licensed to Warren, Ohio. The agent observed that the gate
on the fence surrounding one of the two antenna towers was
not locked. A tree branch was propped against the gate to
keep it closed. The station manager for the station stated
the gate had been replaced on the fence a little over a
month prior to the re-inspection and a lock was never
5. Section 73.49 of the Rules requires that antenna towers
having radio frequency potential at the base must be
enclosed within effective locked fences or other enclosures.
The gate was not locked on February 24, 2004, and the
general manager for WANR stated that a lock was never
installed on the gate when it was replaced a month prior to
6. Based on the evidence before us, we find Beacon
Broadcasting, Inc. willfully2 and repeatedly3 violated
Section 73.49 of the Rules by failing to enclose the
station's antenna tower within an effective locked fence or
7. 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'')4, sets the base forfeiture amount for operation
without AM tower fencing at $7,000. 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, as amended5 (``Act''), 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 seven thousand dollar
($7,000) monetary forfeiture is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of
the Rules,7 Beacon Broadcasting, Inc. is hereby NOTIFIED of
its APPARENT LIABILITY FOR A FORFEITURE in the amount of
seven thousand dollars ($7,000) for willful and repeated
violation of Section 73.49 of the Rules by failing to
enclose the station's antenna towers within effective locked
fences or other enclosures.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this
NAL, 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
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. 200432280002 and
FRN 0008 3694 23.
11. The response, if any, must be mailed to Federal
Communications Commission, Buffalo Office, 1307 Federal
Building, 111 West Huron Street, Buffalo, New York 14202,
and MUST INCLUDE THE NAL/Acct. No. 200432280002.
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
13. Requests for payment of the full amount of this NAL
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 Federal
Communications Commission, Enforcement Bureau, Spectrum
Enforcement Division, 445 12th Street S.W., Washington, DC
20554. 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 NAL shall be
sent by regular mail and Certified Mail Return Receipt
Requested to Beacon Broadcasting, Inc., 6578 Summers Road,
Windsor, Ohio 44099.
FEDERAL COMMUNICATIONS COMMISSION
David A. Viglione
Resident Agent, Buffalo Office
Attachment A - FCC Condensed List of Small Entities, October 2002
1 47 C.F.R. § 73.49.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
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 4387-88 (1991).
3 The 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.'' 47 U.S.C. §
4 47 C.F.R. § 1.80.
47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311
8 See 47 C.F.R. § 1.1914.