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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-01-PA-312
)
Beacon Broadcasting, Inc. ) NAL/Acct. No. 200232400003
)
Warren, Ohio ) FRN 0006-1146-64
FORFEITURE ORDER
Adopted: November 13, 2002 Released: November 15,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of fifteen thousand dollars
($15,000) to Beacon Broadcasting, Inc. (``Beacon''), the licensee
of WGRP(AM), Greenville, Pennsylvania, for willful and repeated
violation of Sections 17.4(g), 17.48(a), and 17.50 of the
Commission's Rules (``Rules'').1 The noted violations involve
Beacon's failure to post the Antenna Structure Registration
(``ASR'') numbers on the WGRP(AM) antenna structures, failure to
notify the Federal Aviation Administration (``FAA'') that the
obstruction lighting was improperly functioning, and failure to
repaint the WGRP(AM) antenna structures.
2. On June 14, 2002, the Commission's Philadelphia,
Pennsylvania (``Philadelphia Office'') issued a Notice of
Apparent Liability for Forfeiture (``NAL'') in the amount of
fifteen thousand dollars ($15,000) to Beacon for the noted
violations.2 Beacon filed a response to the NAL on August 8,
2002.
II. BACKGROUND
3. On April 4, 2001, an agent from the Philadelphia Office
inspected the two antenna structures utilized for Station
WGRP(AM). The antenna structures are assigned ASR numbers
1213201 and 1213203 and are located in Greenville, Pennsylvania.
During the inspection, the agent observed that the ASR numbers
were not posted on the WGRP(AM) antenna structures and that the
paint on both antenna structures was severely faded and flaking.
4. On April 23, 2001, the Philadelphia Office issued to
Beacon a Notice of Violation (``NOV'') for failure to post the
ASR numbers on the WGRP(AM) antenna structures and failure to
clean and repaint the WGRP(AM) antenna structures to maintain
good visibility, in violation of Sections 17.4(g) and 17.50 of
the Rules. In its response dated May 23, 2001, Beacon
acknowledged the violations and stated that it posted the ASR
numbers at the base of the antenna structures and would repaint
the antenna structures within 60 days.
5. On November 7, 2001 and November 8, 2001, the agent re-
inspected the WGRP(AM) antenna structures to verify that Beacon
had sufficiently addressed the violations cited in the April 23,
2001 NOV. On November 8, 2001, the agent observed that the ASR
numbers were not posted on the WGRP(AM) antenna structures and
that the paint on both antenna structures was still severely
faded and flaking. The agent also observed on November 7, 2001
at 6:00 p.m. and on November 8, 2001 at 6 a.m. that the top-level
red obstruction lighting on the antenna structure 1213201 was
extinguished. After interviewing Michael Arch, the general
manager, the agent determined that Beacon failed to notify the
FAA that the top-level obstruction lighting was extinguished.
6. On November 15, 2001, the Philadelphia Office issued to
Beacon an NOV for failure to post the ASR numbers on WGRP(AM)'s
antenna structures, failure to notify the FAA that the top-level
red obstruction lighting was extinguished, and failure to repaint
the antenna structures to maintain good visibility, in violation
of Sections 17.4(g), 17.48(a), and 17.50 of the Rules. In its
response dated December 5, 2001, Beacon acknowledged the
violations and stated that it posted the ASR numbers on the
antenna structures, notified the FAA of the obstruction light
malfunction and commenced work to correct the obstruction light
outage. Beacon also stated that it obtained estimates to repaint
the antenna structures but the work would commence upon the
receipt of funds.
7. On June 14, 2002, the Philadelphia Office issued to
Beacon an NAL in the amount of $15,000 for failure to post the
ASR numbers on the WGRP(AM) antenna structures, failure to notify
the FAA that the obstruction lighting was improperly functioning,
and failure to repaint the WGRP(AM) antenna structures in willful
and repeated violation of Sections 17.4(g), 17.48(a), and 17.50
of the Rules. In its response to the NAL, Beacon argues that it
acquired the licenses of Stations WGRP(AM) and WEXC-FM in March
2001 and the agent inspected its antenna structures shortly
thereafter. Moreover, Beacon asserts that the ASR numbers
appeared on the side of the tower shacks, but were faint due to
the worn paint on the shacks. Beacon also states that it is
``financially struggling'' and requests reconsideration of the
proposed forfeiture amount. In addition, Beacon states that it
has discharged the former general manager, and that it is
attempting to comply with all FCC rules.
III. DISCUSSION
8. The forfeiture amount in this case was assessed in
accordance with Section 503(b) of the Communications Act of 1934,
as amended, (``Act'')3 Section 1.80 of the Rules,4 and The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). In
examining Beacon'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.5
9. Section 17.4(g) of the Rules requires that the ASR
number be posted in a conspicuous location so that it is readily
visible on or near the base of the tower. Beacon indicates in
its response that the ASR numbers were posted on the side of the
tower shacks, but were ``faint'' because of the worn paint. We
do not believe that Beacon was in compliance with Section 17.4(g)
of the Rules. Beacon acknowledges that the ASR numbers were
``faint,'' and this resulted in them not being visible to the
agent. Thus, Beacon did not meet the requirements of Section
17.4(g) that the ASR number be readily visible. In addition,
although Beacon contends that it acquired the licenses shortly
before the agent's inspection, it was responsible for ensuring
compliance with our rules once it acquired the licenses.6
Moreover, Beacon had owned the station for eight months prior to
the violations that are the subject of this proceeding, and had
previously indicated it would re-paint the towers by the end of
July, four months prior to the violation for which we issue a
forfeiture. With respect to Beacon's argument regarding its
inability to pay the proposed forfeiture, we note that it does
not submit any financial documentation from which we can assess
its ability to pay. Therefore, we decline to reduce the
forfeiture amount on this basis. Finally, Beacon states that it
is attempting to comply with the FCC's rules. However, Beacon's
remedial efforts to correct the violation, while commendable, are
not a mitigating factor. See Station KGVL, Inc., 42 FCC 2d 258,
259 (1973).
IV. ORDERING CLAUSES
10. 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,7 Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of fifteen thousand dollars ($15,000)
for failure to failure to post the Antenna Structure Registration
numbers on the WGRP(AM) antenna structures, failure to notify the
Federal Aviation Administration that the obstruction lighting was
improperly functioning, and failure to repaint the WGRP(AM)
antenna structures in willful and repeated violation of Sections
17.4(g), 17.48(a), and 17.50 of the Rules.
11. 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.8
Payment shall 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 note NAL/Acct. No.
200232400003 and FRN 0006-1146-64. Requests for full payment
under an installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.9
12. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by First Class and Certified Mail, Return Receipt
Requested, to Beacon Broadcasting, Inc., 5075 Mahoning Avenue,
Warren, Ohio 44483 and Beacon Broadcasting, Radio Station WGRP,
44 McCraken Road, Greenville, Pennsylvania 16125.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 17.4(g), 17.48(a), and 17.50.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232400003 (Enf. Bur., Philadelphia Office, released June 14,
2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 Sitka Broadcasting Co., Inc.,70 FCC Rcd 2375, 2378 (1979)
(indicating that licensees are expected to know and comply with
the Commission's rules).
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.