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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-NF-051
)
Madison Broadcasting Group, Inc.) NAL/Acct. No. 20023264002
Danboro, Pennsylvania )
) FRN 0006-1449-50
MEMORANDUM OPINION AND ORDER
Adopted: March 12, 2003 Released: March 17,
2003
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order ("Order") we grant
the Petition for Reconsideration filed by Madison Broadcasting
Group, Inc. ("Madison"), former licensee of station WLVA(AM) and
former owner of five antenna structures in Lynchburg, Virginia
(antenna structure registration numbers 1065920, 1065921,
1065922, 1065923, and 1065924) of the Forfeiture Order1 issued by
the Enforcement Bureau in this proceeding. Pursuant to Section
503(b) of the Communications Act of 1934, as amended ("the
Act"),2 and Section 1.80 of the Commission's Rules ("the
Rules"),3 the Enforcement Bureau found Madison liable for a
monetary forfeiture in the amount of $12,000 for willful
violation of Sections 17.4(g) (failure to post its antenna
structure registration numbers) and 17.50 (failure to maintain
specified painting on its five antenna structures) of the Rules.4
II. BACKRGOUND
2. On February 28, 2002, a Commission agent from the
Norfolk, Virginia Resident Agent Office (``Norfolk Office'')
inspected Madison's five Lynchburg, Virginia antenna structures,
which were used as an antenna array for station WLVA(AM). The
agent observed that none of the five antenna structures had the
ASR numbers posted on or near the base of the structures. The
agent also observed that the requisite painting on each antenna
structure was faded and chipped such that it failed to provide
good visibility. On April 29, 2002, the Norfolk Office issued a
Notice of Apparent Liability for Forfeiture (``NAL'')5 for
$12,000 to Madison for violating Sections 17.4(g) and 17.50 of
the Rules. Madison filed an initial response on May 15, 2002.
On May 17, 2002, Madison filed a supplemental response. After
considering Madison's responses to the NAL, the Bureau rejected
Madison's arguments and issued a Forfeiture Order upholding the
NAL. On September 18, 2002, Madison filed an application for
review of the Forfeiture Order issued in this proceeding.
Subsequently, on February 19, 2003, Madison submitted a request
to have its application for review treated as a Petition for
Reconsideration pursuant to Section 405 of the Act.6 We are
granting its request and treating it as such.
III. DISCUSSION
3. Madison has assigned the license of WLVA(AM) and is no
longer a Commission broadcast licensee. Further, the five
Lynchburg antenna structures previously owned by Madison have
been dismantled and Madison does not own any other towers. After
reviewing the particular circumstances in this case, and per the
discretion authorized by Section 504(b) of the Act,7 and
implemented by Section 1.80(i) of the Rules,8 we conclude that
cancellation of the $12,000 forfeiture is warranted.
4. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act and Section 1.80(i) of the Rules, the $12,000
forfeiture issued to Madison Broadcasting Group, Inc. IS
CANCELLED, and that pursuant to Sections 405 of the Act and 1.106
of the Rules,9 Madison's Petition for Reconsideration IS hereby
GRANTED.
5. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Lauren A. Colby, Esq., counsel for Madison
Broadcasting Group, Inc., at 10 E. Fourth Street, P.O. Box 113,
Frederick, MD 21705-0113.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Madison Broadcasting Group, Inc., 17 FCC Rcd 16081 (Enf.
Bur. 2002).
2 47 U.S.C. § 503(b).
3 47 C.F.R. § 1.80.
4 47 C.F.R. §§ 17.4 and 17.50.
5 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
20023264002 (Enf. Bur., Norfolk Office, released April 29, 2002).
6 47 U.S.C. § 405.
7 47 U.S.C. § 504(b).
8 47 C.F.R. § 1.80(i).
9 47 C.F.R. § 1.106.