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-NF-051
                                )
Madison Broadcasting Group, Inc.)       NAL/Acct. No. 20023264002
Danboro, Pennsylvania          )     
                                )       FRN 0006-1449-50


                  MEMORANDUM OPINION AND ORDER

     Adopted:  March 12, 2003                Released:  March 17, 
2003  

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION
                                
     1.   In this Memorandum Opinion and Order ("Order") we grant 
the Petition for  Reconsideration filed  by Madison  Broadcasting 
Group, Inc. ("Madison"), former licensee of station WLVA(AM)  and 
former owner of  five antenna structures  in Lynchburg,  Virginia 
(antenna  structure   registration  numbers   1065920,   1065921, 
1065922, 1065923, and 1065924) of the Forfeiture Order1 issued by 
the Enforcement Bureau in  this proceeding.  Pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended  ("the 
Act"),2  and  Section  1.80  of  the  Commission's  Rules   ("the 
Rules"),3 the  Enforcement  Bureau  found Madison  liable  for  a 
monetary  forfeiture  in  the  amount  of  $12,000  for   willful 
violation of  Sections  17.4(g)  (failure  to  post  its  antenna 
structure registration numbers)  and 17.50  (failure to  maintain 
specified painting on its five antenna structures) of the Rules.4  

                         II.  BACKRGOUND

     2.   On February  28,  2002,  a Commission  agent  from  the 
Norfolk, Virginia  Resident  Agent  Office  (``Norfolk  Office'') 
inspected Madison's five Lynchburg, Virginia antenna  structures, 
which were used as  an antenna array  for station WLVA(AM).   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 
Notice  of  Apparent  Liability  for  Forfeiture  (``NAL'')5  for 
$12,000 to Madison  for violating Sections  17.4(g) and 17.50  of 
the Rules.  Madison filed  an initial response  on May 15,  2002.  
On May 17,  2002, Madison filed  a supplemental response.   After 
considering Madison's responses to  the NAL, the Bureau  rejected 
Madison's arguments and issued  a Forfeiture Order upholding  the 
NAL.  On September  18, 2002,  Madison filed  an application  for 
review  of  the  Forfeiture  Order  issued  in  this  proceeding.  
Subsequently, on February 19,  2003, Madison submitted a  request 
to have  its application  for review  treated as  a Petition  for 
Reconsideration pursuant  to Section  405 of  the Act.6   We  are 
granting its request and treating it as such.       

                         III. DISCUSSION
      
     3.   Madison has assigned the license of WLVA(AM) and is  no 
longer  a  Commission  broadcast  licensee.   Further,  the  five 
Lynchburg antenna  structures previously  owned by  Madison  have 
been dismantled and Madison does not own any other towers.  After 
reviewing the particular circumstances in this case, and per  the 
discretion  authorized  by  Section  504(b)  of  the  Act,7   and 
implemented by Section  1.80(i) of the  Rules,8 we conclude  that 
cancellation of the $12,000 forfeiture is warranted.

     4.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act and Section  1.80(i) of the Rules, the  $12,000 
forfeiture  issued  to  Madison   Broadcasting  Group,  Inc.   IS 
CANCELLED, and that pursuant to Sections 405 of the Act and 1.106 
of the Rules,9 Madison's  Petition for Reconsideration IS  hereby 
GRANTED.

     5.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested  to  Lauren  A.   Colby,  Esq.,  counsel  for   Madison 
Broadcasting Group, Inc., at 10  E. Fourth Street, P.O. Box  113, 
Frederick, MD 21705-0113.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         David H. Solomon
                         Chief, Enforcement Bureau




          

_________________________

  1    Madison Broadcasting Group, Inc.,  17 FCC Rcd 16081  (Enf. 
Bur. 2002).

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

  3    47 C.F.R.  1.80. 

  4    47 C.F.R.  17.4 and 17.50. 

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

  6    47 U.S.C.  405. 

  7   47 U.S.C.  504(b). 

  8   47 C.F.R.  1.80(i).

  9   47 C.F.R.  1.106.