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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                                                        
     In the Matter of                   )                               
                                                                        
     Marconi Broadcasting Company LLC   )   File Number EB-09-PA-0019   
                                                                        
     Antenna Structure Registrant       )   NAL/Acct. No. 201032400001  
                                                                        
     Philadelphia, Pennsylvania         )   FRN 0015-71-0098            
                                                                        
     ASR # 1232260                      )                               
                                                                        
                                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: December 2, 2009

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Marconi Broadcasting Company LLC ("Marconi"), owner of antenna
       structure # 1232260 and licensee of AM radio station WHAT in
       Philadelphia, Pennsylvania, apparently willfully and repeatedly
       violated Section 17.47 of the Commission's Rules ("Rules") by failing
       to make observations of the antenna structure's lights at least once
       each 24 hours to ensure that all such lights are functioning properly.
       We conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Marconi is apparently liable for a
       forfeiture in the amount of two thousand dollars ($2,000).

   II. BACKGROUND

    2. On January 18, 2009, the FCC's Philadelphia Office received a report
       of a light outage on antenna structure # 1232260. In response, on
       January 22, 2009, an agent in the FCC's Philadelphia Office searched
       the FAA's database and found that a Notice to Airmen ("NOTAM") had not
       been issued for structure # 1233360. The agent also searched the FCC's
       Antenna Structure Registration ("ASR") database for antenna structure
       # 1232260 and determined that Marconi owns the antenna structure. An
       associated entity, Marconi Broadcasting Licenses, LLC, is the licensee
       of AM station WHAT, which broadcasts using antenna structure #
       1232260. According to the structure's Federal Aviation
       Administration's ("FAA") determination, the structure is required to
       have "Obstruction Marking and Lighting" in accordance with Paragraphs
       4, 8, and 12 of FAA Circular 70/7460-1K, which require, inter alia,
       that the tower have a flashing red beacon on top and mid levels of the
       structure at nighttime and a flashing white strobe at the top level
       during the daytime.

    3. On January 22, 2009, the agent spoke with the Program Director for
       Marconi. During the telephone conversation, the Program Director
       acknowledged that the top-level obstruction lighting was extinguished
       on the WHAT antenna structure. He also reported that an informant had
       already notified the station about the outage and that he would notify
       the FAA of the outage. The Program Director also stated that Marconi
       has a system installed to remotely monitor the obstruction lighting on
       the WHAT antenna structure but the system was not being used.

    4. On January 30, 2009, prior to dawn at 6:40 a.m., an agent from the
       Philadelphia Office inspected the WHAT antenna structure and observed
       that all tower lights were functioning except for the top-level beacon
       light. The agent also reviewed the Federal Aviation Administration
       online records and found that the FAA issued a NOTAM on January 22,
       2009 for the obstruction light outage on the WHAT antenna structure.

    5. On March 2, 2009, as a follow-up to the inspection, the Philadelphia
       Office issued a Letter of Inquiry to Marconi. Among other things, the
       Philadelphia Office requested Marconi to identify when it first became
       aware of the obstruction lighting outage and to describe the method it
       uses to make daily determinations that the obstruction lighting on the
       WHAT antenna structure is functioning properly.

    6. On March 23, 2009, Wiley Rein LLP submitted a Response to the Letter
       of Inquiry on behalf of Marconi. In the Response, Marconi stated that
       it first became aware of the outage on January 22, 2009 when WHAT was
       notified by an informant and then by the agent from the Philadelphia
       Office. Marconi further stated that, after the agent made the Program
       Director aware of the outage, he immediately notified the FAA. The FAA
       first issued a NOTAM on January 22, 2009 and then extended the NOTAM
       on February 5, 2009. Marconi reported that the outage was repaired on
       February 25, 2009.

    7. In the Response, Marconi also addressed its procedures for monitoring
       of the obstruction lighting. Marconi stated that it previously had
       procedures for a visual inspection of the tower by the Program
       Director once every 24 hours. Marconi also reported that when the
       Program Director took over earlier this year, he was not informed that
       his position included the responsibility for monitoring the
       obstruction lighting system on a daily basis. Marconi stated that,
       subsequent to the agent's telephone call, it established a protocol
       where the Program Director is responsible for daily visual monitoring
       of the obstruction lighting. In the event that the Program Director is
       unable to perform those duties, the Assistant Program Director will
       perform those duties. Marconi also reported that it is considering an
       automatic monitoring system for the tower lights.

   III. DISCUSSION

    8. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    9. Section 17.47(a)(1) of the Rules requires the owner of any antenna
       structure that is registered with the Commission and has been assigned
       lighting specifications must make an observation of the antenna
       structure's lights at least once every 24 hours either visually or by
       observing an automatic properly maintained indicator designed to
       register any failure of such lights. Alternatively, Section
       17.47(a)(2) of the Rules permits antenna structure owners to provide
       and properly maintain an automatic alarm system designed to detect any
       failure of such lights and to provide indication of such failure to
       the owner. Marconi reported in its response to the LOI that it first
       became aware of the obstruction light outage on January 22, 2009 and
       that it notified the FAA that same day. Marconi further reported that,
       although it had previously established monitoring procedures for the
       visual inspection of the WHAT antenna structure by the Program
       Director every 24 hours, the station's Program Director was not
       informed of his responsibility for the monitoring of the obstruction
       lighting on a daily basis when he took over as Program Director
       earlier in the year. As a result, the Program Director failed to make
       a daily observation of the obstruction lighting for several months.
       Based on the evidence before us, we find that Marconi apparently
       willfully and repeatedly violated Section 17.47(a) of the Rules by
       failing to observe the obstruction lighting at least once each 24
       hours to insure the proper operation of the antenna structure
       lighting.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to conduct required monitoring is
       $2,000. In assessing the monetary forfeiture amount, we must also take
       into account the statutory factors set forth in Section 503(b)(2)(E)
       of the Act, which include the nature, circumstances, extent, and
       gravity of the violations, and with respect to the violator, the
       degree of culpability, and history of prior offenses, ability to pay,
       and other such matters as justice may require. Applying the Forfeiture
       Policy Statement, Section 1.80 of the Rules, and the statutory factors
       to the instant case, we conclude that Marconi is apparently liable for
       a ($2,000) forfeiture.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Marconi Broadcasting Company
       LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of two thousand dollars ($2,000) for violation of Section
       17.47(a) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Marconi Broadcasting
       Company LLC SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   13. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480- or Email:
       ARINQUIRIES@fcc.gov. If payment is made, OMI  will send electronic
       notification on the date said payment is made to NER-Response@fcc.gov.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
       One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
       Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
       referenced in the caption.

   15. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Marconi Broadcasting Company, LLC at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 17.46.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 17.47(a)(1).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.47.

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission