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-01-PA-312
                                )
Beacon Broadcasting, Inc.        )    NAL/Acct. No. 200232400003
                                )
Warren, Ohio                     )    FRN 0006-1146-64



                        FORFEITURE ORDER

   Adopted:  November 13, 2002          Released:  November 15, 
2002

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in the  amount of  fifteen thousand  dollars 
($15,000) to Beacon Broadcasting, Inc. (``Beacon''), the licensee 
of WGRP(AM), Greenville, Pennsylvania,  for willful and  repeated 
violation  of  Sections  17.4(g),  17.48(a),  and  17.50  of  the 
Commission's Rules  (``Rules'').1  The  noted violations  involve 
Beacon's failure  to  post  the  Antenna  Structure  Registration 
(``ASR'') numbers on the WGRP(AM) antenna structures, failure  to 
notify the  Federal Aviation  Administration (``FAA'')  that  the 
obstruction lighting was improperly  functioning, and failure  to 
repaint the WGRP(AM) antenna structures.

     2.   On  June  14,  2002,  the  Commission's   Philadelphia, 
Pennsylvania  (``Philadelphia  Office'')   issued  a  Notice   of 
Apparent Liability  for Forfeiture  (``NAL'')  in the  amount  of 
fifteen thousand  dollars  ($15,000)  to  Beacon  for  the  noted 
violations.2  Beacon filed  a response  to the NAL  on August  8, 
2002.  

                          II.  BACKGROUND

     3.   On April 4, 2001, an agent from the Philadelphia Office 
inspected  the  two  antenna  structures  utilized  for   Station 
WGRP(AM).   The  antenna  structures  are  assigned  ASR  numbers 
1213201 and 1213203 and are located in Greenville,  Pennsylvania.  
During the inspection,  the agent observed  that the ASR  numbers 
were not posted on the  WGRP(AM) antenna structures and that  the 
paint on both antenna structures was severely faded and flaking.

     4.   On April 23,  2001, the Philadelphia  Office issued  to 
Beacon a Notice of  Violation (``NOV'') for  failure to post  the 
ASR numbers on  the WGRP(AM)  antenna structures  and failure  to 
clean and  repaint the  WGRP(AM) antenna  structures to  maintain 
good visibility, in  violation of Sections  17.4(g) and 17.50  of 
the  Rules.   In  its  response   dated  May  23,  2001,   Beacon 
acknowledged the violations  and stated  that it  posted the  ASR 
numbers at the base of  the antenna structures and would  repaint 
the antenna structures within 60 days.

     5.   On November 7, 2001 and November 8, 2001, the agent re-
inspected the WGRP(AM) antenna  structures to verify that  Beacon 
had sufficiently addressed the violations cited in the April  23, 
2001 NOV.  On November 8, 2001,  the agent observed that the  ASR 
numbers were not  posted on the  WGRP(AM) antenna structures  and 
that the  paint on  both antenna  structures was  still  severely 
faded and flaking.  The agent  also observed on November 7,  2001 
at 6:00 p.m. and on November 8, 2001 at 6 a.m. that the top-level 
red obstruction  lighting on  the antenna  structure 1213201  was 
extinguished.   After  interviewing  Michael  Arch,  the  general 
manager, the agent  determined that Beacon  failed to notify  the 
FAA that the top-level obstruction lighting was extinguished.  

     6.   On November 15, 2001, the Philadelphia Office issued to 
Beacon an NOV for failure to  post the ASR numbers on  WGRP(AM)'s 
antenna structures, failure to notify the FAA that the  top-level 
red obstruction lighting was extinguished, and failure to repaint 
the antenna structures to maintain good visibility, in  violation 
of Sections 17.4(g), 17.48(a),  and 17.50 of  the Rules.  In  its 
response  dated  December  5,   2001,  Beacon  acknowledged   the 
violations and  stated that  it  posted the  ASR numbers  on  the 
antenna structures,  notified the  FAA of  the obstruction  light 
malfunction and commenced work  to correct the obstruction  light 
outage.  Beacon also stated that it obtained estimates to repaint 
the antenna  structures  but the  work  would commence  upon  the 
receipt of funds.

     7.   On June  14, 2002,  the Philadelphia  Office issued  to 
Beacon an NAL in  the amount of $15,000  for failure to post  the 
ASR numbers on the WGRP(AM) antenna structures, failure to notify 
the FAA that the obstruction lighting was improperly functioning, 
and failure to repaint the WGRP(AM) antenna structures in willful 
and repeated violation  of Sections 17.4(g), 17.48(a), and  17.50 
of the Rules.  In its response to the NAL, Beacon argues that  it 
acquired the licenses of Stations  WGRP(AM) and WEXC-FM in  March 
2001 and  the  agent  inspected its  antenna  structures  shortly 
thereafter.   Moreover,  Beacon  asserts  that  the  ASR  numbers 
appeared on the side of the  tower shacks, but were faint due  to 
the worn paint  on the  shacks.  Beacon  also states  that it  is 
``financially struggling''  and requests  reconsideration of  the 
proposed forfeiture amount.  In  addition, Beacon states that  it 
has discharged  the  former  general  manager,  and  that  it  is 
attempting to comply with all FCC rules.

                         III.   DISCUSSION

     8.   The forfeiture  amount in  this  case was  assessed  in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended,  (``Act'')3  Section  1.80 of  the  Rules,4  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 Beacon'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.5

     9.   Section 17.4(g)  of the  Rules  requires that  the  ASR 
number be posted in a conspicuous location so that it is  readily 
visible on or near  the base of the  tower.  Beacon indicates  in 
its response that the ASR numbers were posted on the side of  the 
tower shacks, but were ``faint''  because of the worn paint.   We 
do not believe that Beacon was in compliance with Section 17.4(g) 
of the  Rules.  Beacon  acknowledges that  the ASR  numbers  were 
``faint,'' and this  resulted in  them not being  visible to  the 
agent.  Thus, Beacon  did not  meet the  requirements of  Section 
17.4(g) that the  ASR number  be readily  visible.  In  addition, 
although Beacon contends  that it acquired  the licenses  shortly 
before the agent's  inspection, it was  responsible for  ensuring 
compliance  with  our  rules  once  it  acquired  the  licenses.6  
Moreover, Beacon had owned the station for eight months prior  to 
the violations that are the  subject of this proceeding, and  had 
previously indicated it would re-paint  the towers by the end  of 
July, four months  prior to the  violation for which  we issue  a 
forfeiture.  With  respect  to Beacon's  argument  regarding  its 
inability to pay the  proposed forfeiture, we  note that it  does 
not submit any financial documentation  from which we can  assess 
its  ability  to  pay.   Therefore,  we  decline  to  reduce  the 
forfeiture amount on this basis.  Finally, Beacon states that  it 
is attempting to comply with the FCC's rules.  However,  Beacon's 
remedial efforts to correct the violation, while commendable, are 
not a mitigating factor.  See Station KGVL, Inc., 42 FCC 2d  258, 
259 (1973).

                      IV.  ORDERING CLAUSES

     10.  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,7 Beacon  Broadcasting, Inc. IS  LIABLE FOR A  MONETARY 
FORFEITURE in the  amount of fifteen  thousand dollars  ($15,000) 
for failure to failure to post the Antenna Structure Registration 
numbers on the WGRP(AM) antenna structures, failure to notify the 
Federal Aviation Administration that the obstruction lighting was 
improperly functioning,  and  failure  to  repaint  the  WGRP(AM) 
antenna structures in willful and repeated violation of  Sections 
17.4(g), 17.48(a), and 17.50 of the Rules.

     11.  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.8  
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. 
200232400003 and  FRN 0006-1146-64.   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. 20554.9

     12.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  First  Class  and  Certified  Mail,  Return  Receipt 
Requested, to Beacon  Broadcasting, Inc.,  5075 Mahoning  Avenue, 
Warren, Ohio 44483 and  Beacon Broadcasting, Radio Station  WGRP, 
44 McCraken Road, Greenville, Pennsylvania 16125.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau




_________________________

1 47 C.F.R.  17.4(g), 17.48(a), and 17.50.
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232400003 (Enf. Bur., Philadelphia  Office, released June  14, 
2002).
3 47 U.S.C.  503(b).
4 47 C.F.R.  1.80.
5 47 U.S.C.  503(b)(2)(D).
6 Sitka  Broadcasting  Co., Inc.,70  FCC  Rcd 2375,  2378  (1979) 
(indicating that licensees are expected  to know and comply  with 
the Commission's rules).
7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
8 47 U.S.C.  504(a).
9 See 47 C.F.R.  1.1914.