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                           Before the
                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, 
Enforcement Bureau:

                        I.  INTRODUCTION

  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).

                         II.  BACKGROUND

  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 
     to date.

  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 
     installed.  

                        III.  DISCUSSION

  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 
     re-inspection. 

  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 
     other enclosure.  

  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 
     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. 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 
     submitted.

  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
                         Enforcement Bureau



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.  
312(f)(2).

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, 0.311
8 See 47 C.F.R.  1.1914.