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

In the Matter of                )
                                )       File No. EB-02-NF-051
Madison Broadcasting Group, Inc.)    
Danboro, Pennsylvania           )       NAL/Acct. No. 20023264002
                               )     
                                )       FRN 0006-1449-50
                               ) 

                        FORFEITURE ORDER

     Adopted:  August 14, 2002          Released:    August   19, 
2002         

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in the  amount  of twelve  thousand  dollars 
($12,000), to  Madison  Broadcasting Group,  Inc.  (``Madison''), 
owner of five antenna structures in Lynchburg, Virginia  (antenna 
structure  registration   numbers  1065920,   1065921,   1065922, 
1065923, and 1065924) for  willful violation of Sections  17.4(g) 
and 17.50  of the  Commission's  Rules (``Rules'').1   The  noted 
violations  involve  Madison's  failure   to  post  its   antenna 
structure registration  (``ASR'')  numbers  and  its  failure  to 
maintain specified  painting on  its five  antenna structures  in 
Lynchburg, Virginia.

     2.   On April 29, 2002,  the Commission's Norfolk,  Virginia 
Resident Agent's Office (``Norfolk  Office'') issued a Notice  of 
Apparent Liability  for Forfeiture  (``NAL'')2 in  the amount  of 
twelve thousand dollars ($12,000)  to Madison.  Madison filed  an 
initial response on May 15,  2002.  Madison filed a  supplemental 
response on May 17, 2002.

                         II.  BACKGROUND

     3.   On February  28,  2002,  a Commission  agent  from  the 
          Norfolk  Office   inspected  Madison's   five   antenna 
          structures, which  were used  as an  antenna array  for 
          station  WLVA(AM),   a  Lynchburg,   Virginia   station 
          licensed to Madison.  The  agent observed that none  of 
          the five antenna structures had the ASR numbers  posted 
          on or near the base of the structures.  The agent  also 
          observed that the  requisite painting  on each  antenna 
          structure was faded and chipped such that it failed  to 
          provide  good  visibility.   On  April  29,  2002,  the 
          Norfolk Office issued a NAL for $12,000 to Madison  for 
          violating Sections 17.4(g) and 17.50 of the Rules.3  In 
          its first  response  filed  on May  15,  2002,  Madison 
          claims, through  its  accountant, that  the  violations 
          were not  willful and  that  it is  unable to  pay  the 
          forfeiture.  In its supplemental response, filed on May 
          17,  2002,  Madison's  president  claims  that  he  was 
          unaware that the towers required painting and that  the 
          ASR numbers  were not  posted.  Thus,  Madison  asserts 
          that any such violations  could not have been  willful.  
          Further, Madison states that  WLVA(AM) is silent,  with 
          Commission authorization; that an application has  been 
          filed to assign the license for WLVA(AM);4 and that the 
          towers at issue  have been  dismantled, correcting  the 
          violation.  In  neither response  does Madison  dispute 
          the violations. 

                           III. DISCUSSION
 
          4.   The forfeiture amount in this case was assessed in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended  (``Act''),5  Section  1.80 of  the  Rules,6  and  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).   In 
examining Madison's response, Section 503(b) of the Act  requires 
that the Commission take into account 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.7

          5.   Section 17.4(g)  of the  Rules requires  that  ASR 
numbers be  displayed in  a conspicuous  place so  that they  are 
readily visible near the base of the antenna structure.   Section 
17.50 of  the Rules  provides that  antenna structures  requiring 
painting under the Rules shall  be cleaned or repainted as  often 
as necessary to maintain good visibility.  Madison does not  deny 
that the  violations alleged  in  the NAL  occurred.   Therefore, 
based on the evidence before us,  we find that Madison failed  to 
post ASR  numbers  on  the five  antenna  structures  in  willful 
violation of Section  17.4(g) of  the Rules and  failed to  clean 
and/or paint the five antenna structures as often as necessary to 
maintain good visibility in willful violation of Section 17.50 of 
the Rules.     

          6.   Madison's president claims that  no one ever  told 
him that the  towers required  painting or that  the ASR  numbers 
were not posted.  Further, Madison's president asserts that since 
he is the only officer and director of the corporation and  since 
he had no  knowledge of the  alleged violations, such  violations 
could not have been willful.  We disagree.  Section 312(f)(1)  of 
the Act  provides  that  ``the term  `willful,'  when  used  with 
reference to the  commission or  omission of any  act, means  the 
conscious or  deliberate  commission  or omission  of  such  act, 
irrespective of any intent to  violate any provision of this  Act 
or any  rule  or  regulation  of  the  Commission  ....''8   This 
definition applies to  the term  ``willful'' as  used in  Section 
503(b) of the Act.  See  Southern California Broadcasting Co.,  6 
FCC Rcd 4387  (1991).  Section 17.4(g)  requires tower owners  to 
take affirmative  steps to  post  ASR numbers  so that  they  are 
readily visible near the base  of antenna structures and  Section 
17.50 requires  owners  to  take steps  to  ensure  that  antenna 
structures are cleaned  and repainted  as often  as necessary  to 
maintain good visibility.  A tower owner which fails to take such 
steps is in  willful violation of  these rules.  While  Madison's 
president claims  that  no one  ever  told him  that  the  towers 
required painting  or  that  the ASR  numbers  were  not  posted, 
Section 17.6(a) of the Rules9 explicitly states that the  antenna 
structure owner is responsible  for maintaining the painting  and 
lighting required by the rules.  Moreover, licensees are expected 
to know and comply with the Commission's rules.10  Thus, Madison, 
as the antenna structure owner and the licensee of WLVA(AM),  was 
responsible for insuring that the tower was properly painted  and 
lighted and its violations were  willful under Section 503(b)  of 
the Act.   Madison also  asserts that  because the  five  antenna 
structures at issue here  have been dismantled,11 the  violations 
have been  corrected.  We  note that  remedial actions  taken  to 
correct the  violations, while  commendable, are  not  mitigating 
factors.12  

          7.   Madison also claims, through its accountant,  that 
it has no means from which to pay the proposed forfeiture  amount 
of $12,000.   In support  of this  contention, Madison  submitted 
only the  accountant's statement  explaining Madison's  financial 
situation and  concluding that  Madison has  no means  of  making 
payment.   The  accountant's  statement  does  not  include   any 
information regarding Madison's income.   As the NAL stated,  the 
Commission will not consider  reducing or canceling a  forfeiture 
in response to a claim of inability to pay unless the  petitioner 
submits documentation that  accurately reflects the  petitioner's 
current financial status.  Madison  has not presented  sufficient 
documentation to  enable us  to  evaluate its  current  financial 
condition; therefore,  we can  not accept  its claim  that it  is 
financially unable to pay the forfeiture.13

                      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(f)(4) of the 
Rules,14  Madison  Broadcasting  Group,  Inc.  IS  LIABLE  FOR  A 
MONETARY FORFEITURE  in the  amount  of twelve  thousand  dollars 
($12,000) for willfully violating  Sections 17.4(g) and 17.50  of 
the Rules. 

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.15  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 20023264002,  and FRN  0006-1449-50.  Requests  for 
full payment under an installment plan should be sent to:  Chief, 
Revenue and Receivables Operations Group, 445 12th Street,  S.W., 
Washington, D.C. 20554.16
     
     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by  Certified Mail  Return Receipt  Requested to  Madison 
Broadcasting Group, Inc.  at P.O. Box  50, Danboro,  Pennsylvania 
18947, and  its counsel  Lauren  A. Colby,  Esq., P.O.  Box  113, 
Frederick, Maryland 21705-0113.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         David H. Solomon
                                                                 
Chief, Enforcement Bureau
           

_________________________

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

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
20023264002 (Enf. Bur., Norfolk Office, released April 29, 2002).



  3 The  NAL found violations  of Sections 17.4(g)  and 17.50  at 
each of Madison's five antenna structures.  Nevertheless, because 
the structures were part of a five-tower array, the NAL  proposed 
only a  $10,000  forfeiture (the  base  forfeiture amount  for  a 
single tower painting violation) for the five painting violations 
and a $2,000 forfeiture (the base forfeiture amount for a  single 
posting violation) for the five posting violations.

  4 The assignment  of license for Station WLVA(AM) from  Madison 
Broadcasting Group, Inc. to  Kovas Communications was granted  on 
May 17, 2002 and consummated on June 7, 2002.

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

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8  47 U.S.C.  312(f)(1).

  9  47 C.F.R.  17.6(a). 

  10 See  Econopage of  Cleveland, Inc.,  16 FCC  Rcd 2989,  2990 
(Enf. Bur. 2001).

  11  Although   Madison  states  that   the  towers  have   been 
dismantled, Commission records show that the towers have not been 
de-registered.

  12 See, e.g., Puerto Rico Tower Co., Inc., 16 FCC Rcd 271,  273 
(Enf. Bur. 2001).

  13 See, e.g., KASA  Radio Hogar, Inc., 16 FCC Rcd 11934,  11935 
(Enf. Bur.  2001), recon.  denied, 16  FCC Rcd  16160 (Enf.  Bur. 
2001), application for review denied, 17 FCC Rcd 6256 (2002). 

  14  47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  15   47 U.S.C.  504(a).

  16   See 47 C.F.R.  1.1914.