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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                    )                                
                                             File Number: EB-08-PA-0270   
     Clarion County Broadcasting Corp.   )                                
                                             NAL/Acct. No.: 201032400002  
     Licensee of Station WKQW            )                                
                                             FRN: 0013-42-8743            
     Facility ID #63290                  )                                

                                FORFEITURE ORDER

   Adopted: October 18, 2011 Released: October 20, 2011

   By the Regional Director, Northeast Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to Clarion County
       Broadcasting Corp. ("Clarion"), the licensee of FM Station WKQW in Oil
       City, Pennsylvania, for willfully and repeatedly violating section
       73.1745(a) of the Commission's rules ("Rules").  The noted violations
       concern Clarion's operation of Station WKQW beyond the station's
       post-sunset authorization.


    2. On March 4, 2010, the Commission's Philadelphia Office issued a Notice
       of Apparent Liability for Forfeiture ("NAL") proposing a $4,000
       forfeiture against Clarion for apparently willfully and repeatedly
       violating section 73.1745 of the Rules. Specifically, an agent in the
       Enforcement Bureau's Philadelphia Office observed Station WKQW
       operating beyond its post-sunset authorization on three days in
       October 2008 and on eighteen days in November 2008. In its response to
       the NAL, Clarion does not dispute those findings, but seeks
       cancellation of the proposed forfeiture claiming that, pursuant to
       section 503(b)(6) of the Communications Act of 1934, as amended (the
       "Act"), the Philadelphia Office was required to issue an NAL within
       one year of the date of the first violation. Clarion states that this
       action is therefore time barred because the first violation occurred
       on October 28, 2008, but the NAL was not issued until March 4, 2010.
       In the event that the Commission does not agree that the NAL was
       issued after the expiration of the statute of limitations, Clarion
       claims in the alternative that it is entitled to a reduction in the
       amount of the proposed forfeiture based on its history of compliance
       with the Commission's rules.


    3. The proposed forfeiture amount in this case was assessed in accordance
       with section 503(b) of the Act, section 1.80 of the Rules, and the
       Forfeiture Policy Statement. In examining Clarion'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. As discussed below, we have considered Clarion's response in
       light of these statutory factors and decline to reduce the proposed
       $4,000 forfeiture.

    4. We reject Clarion's argument that the Commission was required to issue
       the NAL against it within one year of the date of the violation. In
       the case of broadcast station licensees, the statute of limitations in
       section 503(b)(6) of the Act permits the Commission to issue a notice
       of apparent liability for forfeiture if (1) the violation charged did
       not occur more than one year prior to the date of issuance of the
       notice of apparent liability or (2) the violation charged did not
       occur prior to the date of commencement of the current license term.
       Here, the violations charged occurred in October and November 2008,
       and the NAL was issued on March 4, 2010. Clarion's current license
       term began in 2006 and does not expire until August 1, 2014. While the
       NAL was not issued within one year of the violation dates, section
       503(b)(6)(A)(ii) permits the Commission to determine or impose a
       forfeiture in this case because the violations charged did not occur
       prior to 2006, the commencement of the Station's current license term.
       Accordingly, we find that the NAL was timely issued under section
       503(b)(6)(A)(ii) of the Act, and we deny Clarion's request that we
       cancel the NAL.

    5. We also decline to grant Clarion's request that we reduce the
       forfeiture amount based on its alleged history of compliance with the
       Commission's rules. We have reviewed our records and found that the
       Philadelphia Office issued Clarion a Notice of Violation on March 4,
       2010, for violations found during an inspection conducted on August
       12, 2009. When determining an appropriate forfeiture amount, we have
       the discretion to issue a higher or lower forfeiture based on the
       particular facts and circumstances of each case. Here, we conclude
       that a reduction based on a history of compliance with the
       Commission's rules is not warranted in light of the violations found
       during the inspection on August 12, 2009.

    6. Based on the evidence before us, we find that Clarion willfully and
       repeatedly violated section 73.1745(a) of the Rules by operating
       Station WKQW beyond the station's post-sunset authorization.
       Accordingly, pursuant to the statutory factors above, and in
       conjunction with the Forfeiture Policy Statement, we conclude that
       cancellation or reduction of the forfeiture is unwarranted and we
       impose a forfeiture in the amount of $4,000.


    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Clarion County
       Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of four thousand dollars ($4,000) for violations of section 73.1745(a)
       of the Rules.

    8. 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 enforcement pursuant
       to section 504(a) of the Act. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/Account
       Number and FRN referenced above. Payment by check or money order may
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
       Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
       St. Louis, MO 63101. Payment by wire transfer may be made to ABA
       Number 021030004, receiving bank TREAS/NYC, and account number
       27000001. For payment by credit card, an FCC Form 159 (Remittance
       Advice) must be submitted.  When completing the FCC Form 159, enter
       the NAL/Account number in block number 23A (call sign/other ID), and
       enter the letters "FORF" in block number 24A (payment type code).
       Requests for full payment under an installment plan should be sent
       to:  Chief Financial Officer -- Financial Operations, 445 12th Street,
       S.W., Room 1-A625, Washington, D.C.  20554.   Please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:  with any questions regarding payment procedures.
       Clarion County Broadcasting Corp. shall also send electronic
       notification on the date said payment is made to

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent both by
       First Class and Certified Mail Return Receipt Requested to Clarion
       County Broadcasting Corp., 222 Seneca Street, Oil City, Pennsylvania
       16301 and to its counsel, Frederick A. Polner, 16 Forest Hills Drive,
       Madison, Connecticut 06443.


   G. Michael Moffitt

   Regional Director

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a).

   Clarion County Broadcasting Corp., Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 201032400002 (Enf. Bur., Philadelphia Office,
   rel. March 4, 2010).

   Section 73.1745 of the Rules provides that "[n]o broadcast station shall
   operate . . . with modes or power, other than those specified and made a
   part of the license." 47 C.F.R. S: 73.1745.

   A comprehensive recitation of the facts and history of this case can be
   found in the NAL and is incorporated herein by reference.

   47 U.S.C. S: 503(b)(6).

   See Letter from Frederick A. Polner, Counsel for Clarion, to Gene Stanbro,
   District Director, Philadelphia Office, dated March 23, 2010 at 2.



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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   47 U.S.C. S: 503(b)(6). See, e.g., KGNT, Inc., Notice of Apparent
   Liability for Forfeiture, 15 FCC Rcd 5806, 5809 (Enf. Bur. 2000), aff'd,
   Forfeiture Order, 16 FCC Rcd 4656 (Enf. Bur. 2001); see also Emmis
   Broadcasting Corp. of Boston, Memorandum Opinion and Order, 11 FCC Rcd
   8541, 8543 (1996); Lester T. Pritchard, Letter, 6 FCC Rcd 2210 (1991) n.4.

   See 47 U.S.C. S: 503(b)(6)(A)(ii).

   Clarion County Broadcasting Corp., Notice of Violation, NOV No.
   V201032400033 (Enf. Bur., Philadelphia Office, rel. March 4, 2010).

   See 47 C.F.R. S: 1.80(b)(4); see also, e.g., World Communications, Notice
   of Apparent Liability for Forfeiture, 19 FCC Rcd 837, 841-842
   (2004)(noting that, "[a]s provided by the Commission's rules, the
   Commission and its staff retain the discretion to issue a higher or lower
   forfeiture, as permitted by statute").

   47 U.S.C. S:, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.1745(a).

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

   Federal Communications Commission DA 11-1737


   Federal Communications Commission DA 11-1737