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Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of

Birach Broadcasting Corporation

Licensee of Station WOAP(AM)

Owosso, Michigan







File No.: EB-10-DT-0337; EB-FIELDNER-12-00004566

NAL/Acct. No.: 201232360007

FRN: 0003766847

Facility ID No.: 41682


Adopted: November 10, 2015 Released: November 10, 2015

By the Regional Director, Northeast Region, Enforcement Bureau:

Based on our review of the record, including the information that Birach Broadcasting Corporation (Birach) provided in response to the Notice of Apparent Liability for Forfeiture (NAL) in this proceeding, we find that no forfeiture penalty should be imposed on Birach for apparent noncompliance with the Commission's rules for permissible hours of operation.

On June 14, 2012, the Enforcement Bureau (Bureau) issued the NAL to Birach, licensee of AM Station WOAP (WOAP) in Owosso, Michigan, and proposed a $4,000 forfeiture for its apparent willful and repeated violation of Section 73.1745(a) of the Commission's rules (Rules) for operating WOAP at times other than those specified in its license. In the NAL, the Bureau provided Birach an opportunity to show, in writing, why either no forfeiture or a lower forfeiture should be imposed. Birach filed a response to the NAL dated July 12, 2012. Based on our review of the response and the record, which includes the WOAP license, we find that that no forfeiture should be imposed against Birach for violation of Section 73.1745(a) of the Rules.

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.80 of the Commission's rules, the proposed forfeiture in the NAL issued to Birach Broadcasting Corporation on June 14, 2012, WILL NOT BE IMPOSED.

IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to Birach Broadcasting Corporation, 21700 Northwestern Highway, Tower 14, Southfield, MI 48075, and its counsel of record, John C. Trent, Law Offices of Putbrese Hunsaker & Trent, P.C., 200 South Church Street, Woodstock, VA 22664.


G. Michael Moffitt

Regional Director, Northeast Region

Enforcement Bureau