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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Ad-Venture Media, Inc., ) File No. EB-02-CG-414
Licensee of Station WQRK(FM) ) NAL/Acct. No. 200332320002
Bedford, Indiana ) FRN 0002-882-439
Adopted: May 28, 2004 Released: June 1,
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of one thousand dollars
($1,000) to Ad-Venture Media, Inc. (``Ad-Venture''),
licensee of Station WQRK(FM), Bedford, Indiana for willful
and repeated violation of the antenna structure painting
requirements of Section 17.50 of the Commission's Rules
2. On June 25, 2002, the Commission's Chicago,
Illinois Field Office (``Field Office'') inspected Station
WQRK's antenna structure and observed that the structure's
visibility was impaired because of faded painting and
rust. As a result of the inspection, the Field Office
released a Notice of Violation (``NOV'') on July 2, 2002,2
and released a Notice of Apparent Liability for Forfeiture
(``NAL'') on January 23, 2003.3 The NAL found that Ad-
Venture willfully and repeatedly violated Section 17.50 of
the Rules and proposed a $10,000 forfeiture.
3. Ad-Venture responded to the the NAL on February 8,
2003. In its response, Ad-Venture did not dispute the
NAL's findings. Rather, Ad-Venture sought a reduction or
cancellation of the proposed forfeiture based on its
inability to pay, its unblemished history of compliance,
and its prompt remedial efforts.
4. The forfeiture amount proposed in this case was
assessed in accordance with Section 503(b) of the
Communications Act of 1934, as amended (``Act''),4 Section
1.80 of the Rules,5 and the Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines.6 In assessing
forfeitures, Section 503(b)(2)(D) of the Act requires that
we 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 such other matters as
justice may require.7 As discussed below, we have
considered Ad-Venture's response to the NAL in light of
these statutory factors and have found that reduction of
the proposed forfeiture amount is warranted.
5. Ad-Venture claimed that payment of the proposed
forfeiture could impair its ability to meet its
community's programming needs and maintain its staff at
current levels. In support, Ad-Venture provided financial
statements for 1999, 2000 and 2001 that were prepared in
accordance with generally accepted accounting practices.
In analyzing a financial hardship claim, the Commission
generally has looked to gross revenues as a reasonable and
appropriate yardstick in determining whether a licensee is
able to pay the assessed forfeiture.8 After reviewing Ad-
Venture's supporting documentation, we believe that
payment of the $10,000 forfeiture would pose a financial
hardship. Therefore, we conclude that a reduction of the
proposed forfeiture amount to $1,300 is warranted. 9
6. Ad-Venture also claimed, and a search of
Commission, Bureau and Field Office decisions confirmed,
that Station WQRK(FM) and its sister Station WBIW(AM) have
an unblemished history of serving their communities in
compliance with Commission regulations. After considering
Ad-Venture's past history of compliance, we conclude that
a further reduction of the forfeiture amount to $1,000 is
7. Finally, Ad-Venture claimed that it promptly
brought its antenna structure into compliance by
completing the structure's repainting on July 14, 2002. We
note that Ad-Venture's remedial efforts were undertaken
after the Field Office's investigation and release of the
NOV. Therefore, we conclude that, while commendable, Ad-
Venture's subsequent remedial actions are not mitigating
circumstances that would warrant a further reduction of
the forfeiture amount.11
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,12 Ad-Venture Media, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of one
thousand dollars ($1,000.00) for its failure to failure to
comply with the antenna structure painting requirements,
in willful and repeated violation of Section 17.50 of the
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.13 Payment may 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 reference
NAL/Acct. No. 200332320002 and FRN 0002-882-439. Requests
for full payment under an installment plan should be sent
to: Chief, Revenue and Receivables Group, 445 12th Street,
S.W., Washington, D.C. 20554.14
10. IT IS FURTHER ORDERED that a copy of this
Order shall be sent by First Class and Certified Mail
Return Receipt Requested to Dean Spencer, President, Ad-
Venture Media, Inc., 424 Heltonville Road, Bedford,
David H. Solomon
Chief, Enforcement Bureau
1 47 C.F.R. § 17.50 (requiring that antenna structures
be ``cleaned or repainted as often as necessary to maintain
2 Ad-Venture Media, Inc., NAL/Acct. No. 200332320002
(Enf. Bur., Chicago, Illinois Office, July 2, 2002).
3 Ad-Venture Media, Inc., NAL/Acct. No. 200332320002
(Enf. Bur., Chicago, Illinois Office, January 23, 2003).
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999) (``Forfeiture Policy Statement'').
7 47 U.S.C. § 503(b)(2)(D).
8 See Forfeiture Policy Statement, 12 FCC Rcd at
17106-07 ¶ 43.
9 The forfeiture in this case represents a percentage
of gross revenues comparable to that imposed in PJB
Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089, ¶ 8
10 See, e.g., Rotijefco, Inc., 18 FCC Rcd 14629, 14631
¶ 8 (Enf. Bur. 2003); Southern Rhode Island Public
Broadcasting, Inc., 15 FCC Rcd 8115, 8117-18 ¶ 8 (Enf. Bur.
2000); Aurio A. Matos and Juan Carlos Matos, DA 99-1931 ¶ 7
11 See, e.g., AT&T Wireless Services, Inc., 17 FCC Rcd
21861, 21864-75 (2002); Sonderling Broadcasting Corp., 69
FCC 2d 289, 291 (1978); Odino Joseph, 18 FCC Rcd 16522,
16524 ¶ 8 (Enf. Bur. 2003); South Central Communications
Corp., 18 FCC Rcd 700, 702-03 ¶ 9 (Enf. Bur. 2003);
Northeast Utilities, 17 FCC Rcd 4115, 4117 ¶ 13 (Enf. Bur.
2002); AM Broadcast Station KTNC and C.R. Communications,
Inc., DA 99-2960 ¶ 5 (Enf. Bur. 1999).
12 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
13 47 U.S.C. § 504(a).
14 See 47 C.F.R. § 1.1914.