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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                  )
Ad-Venture Media, Inc.,           )   File No. EB-02-CG-414
Licensee of Station WQRK(FM)      )   NAL/Acct. No. 200332320002
Bedford, Indiana                  )   FRN 0002-882-439

                      FORFEITURE ORDER

Adopted:  May 28, 2004                  Released:   June  1, 

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

       1. In this  Forfeiture Order (``Order''), we  issue a 
  monetary forfeiture in the amount  of one thousand dollars 
  ($1,000)  to  Ad-Venture   Media,  Inc.  (``Ad-Venture''), 
  licensee of Station WQRK(FM), Bedford, Indiana for willful 
  and repeated  violation of the antenna  structure painting 
  requirements of  Section 17.50  of the  Commission's Rules 

                      II.    BACKGROUND

       2. On  June  25,   2002,  the  Commission's  Chicago, 
  Illinois Field Office (``Field Office'') inspected Station 
  WQRK's antenna structure and observed that the structure's 
  visibility  was impaired  because  of  faded painting  and 
  rust.  As  a result  of the  inspection, the  Field Office 
  released a Notice of Violation (``NOV'') on July 2, 2002,2 
  and released a Notice of Apparent Liability for Forfeiture 
  (``NAL'') on  January 23, 2003.3   The NAL found  that Ad-
  Venture willfully and repeatedly violated Section 17.50 of 
  the Rules and proposed a $10,000 forfeiture. 

       3. Ad-Venture responded to the the NAL on February 8, 
  2003.  In  its response,  Ad-Venture did  not dispute  the 
  NAL's findings.  Rather, Ad-Venture  sought a reduction or 
  cancellation  of  the  proposed forfeiture  based  on  its 
  inability to  pay, its unblemished history  of compliance, 
  and its prompt remedial efforts. 

                   III.        DISCUSSION

       4. The forfeiture  amount proposed  in this  case was 
  assessed  in   accordance  with  Section  503(b)   of  the 
  Communications Act of 1934, as amended (``Act''),4 Section 
  1.80 of the Rules,5 and the Commission's Forfeiture Policy 
  Statement and  Amendment of Section  1.80 of the  Rules to 
  Incorporate  the  Forfeiture  Guidelines.6   In  assessing 
  forfeitures, Section 503(b)(2)(D) of the Act requires that 
  we 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  such  other  matters  as 
  justice  may  require.7   As   discussed  below,  we  have 
  considered Ad-Venture's  response to the  NAL in  light of 
  these statutory factors  and have found that  reduction of 
  the proposed forfeiture amount is warranted.  

       5. Ad-Venture  claimed that  payment of  the proposed 
  forfeiture   could  impair   its  ability   to  meet   its 
  community's programming  needs and  maintain its  staff at 
  current levels.  In support, Ad-Venture provided financial 
  statements for 1999,  2000 and 2001 that  were prepared in 
  accordance with  generally accepted  accounting practices.  
  In analyzing  a financial  hardship claim,  the Commission 
  generally has looked to gross revenues as a reasonable and 
  appropriate yardstick in determining whether a licensee is 
  able to pay the assessed forfeiture.8  After reviewing Ad-
  Venture's  supporting   documentation,  we   believe  that 
  payment of the  $10,000 forfeiture would pose  a financial 
  hardship.  Therefore, we conclude that  a reduction of the 
  proposed forfeiture amount to $1,300 is warranted. 9   

       6. Ad-Venture   also  claimed,   and   a  search   of 
  Commission, Bureau  and Field Office  decisions confirmed, 
  that Station WQRK(FM) and its sister Station WBIW(AM) have 
  an  unblemished history  of serving  their communities  in 
  compliance with Commission  regulations. After considering 
  Ad-Venture's past history of  compliance, we conclude that 
  a further reduction of the  forfeiture amount to $1,000 is 

       7. Finally,  Ad-Venture  claimed   that  it  promptly 
  brought   its  antenna   structure   into  compliance   by 
  completing the structure's repainting on July 14, 2002. We 
  note that  Ad-Venture's remedial  efforts were  undertaken 
  after the Field Office's investigation  and release of the 
  NOV.  Therefore, we conclude  that, while commendable, Ad-
  Venture's subsequent  remedial actions are  not mitigating 
  circumstances that  would warrant  a further  reduction of 
  the forfeiture amount.11  

                   IV.    ORDERING CLAUSES

       8. 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,12 Ad-Venture  Media,  Inc.  IS 
  LIABLE  FOR A  MONETARY FORFEITURE  in the  amount of  one 
  thousand dollars ($1,000.00) for its failure to failure to 
  comply with  the antenna structure  painting requirements, 
  in willful and repeated violation  of Section 17.50 of the 

       9. 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.13   Payment may 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 reference 
  NAL/Acct. No. 200332320002 and FRN 0002-882-439.  Requests 
  for full payment under an  installment plan should be sent 
  to: Chief, Revenue and Receivables Group, 445 12th Street, 
  S.W., Washington, D.C. 20554.14  

       10.     IT  IS FURTHER  ORDERED that  a copy  of this 
  Order  shall be  sent by  First Class  and Certified  Mail 
  Return Receipt  Requested to Dean Spencer,  President, Ad-
  Venture  Media,  Inc.,  424   Heltonville  Road,  Bedford, 
  Indiana 47421.  

                              FEDERAL         COMMUNICATIONS 
                              David H. Solomon
                              Chief, Enforcement Bureau


     1 47 C.F.R.  17.50 (requiring that antenna structures 
be ``cleaned or repainted as often as necessary to maintain 
good visibility'').  

     2 Ad-Venture  Media, Inc., NAL/Acct.  No. 200332320002 
(Enf. Bur., Chicago, Illinois Office, July 2, 2002).

     3 Ad-Venture  Media, Inc., NAL/Acct.  No. 200332320002 
(Enf. Bur., Chicago, Illinois Office, January 23, 2003).

4     47 U.S.C.  503(b).

5     47 C.F.R.  1.80.

6     12  FCC Rcd 17087  (1997), recon. denied, 15  FCC Rcd 
303 (1999) (``Forfeiture Policy Statement'').  

7     47 U.S.C.  503(b)(2)(D).

     8  See  Forfeiture Policy  Statement,  12  FCC Rcd  at 
17106-07  43.  

     9 The forfeiture in  this case represents a percentage 
of  gross  revenues  comparable  to  that  imposed  in  PJB 
Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089,  8 

     10 See, e.g., Rotijefco, Inc., 18 FCC Rcd 14629, 14631 
  8  (Enf.  Bur.   2003);  Southern  Rhode  Island  Public 
Broadcasting, Inc., 15 FCC Rcd 8115, 8117-18  8 (Enf. Bur. 
2000); Aurio A. Matos and Juan Carlos Matos, DA 99-1931  7 
(MMB 1999).

11    See, e.g.,  AT&T Wireless Services, Inc.,  17 FCC Rcd 
21861, 21864-75  (2002); Sonderling Broadcasting  Corp., 69 
FCC 2d  289, 291  (1978); Odino Joseph,  18 FCC  Rcd 16522, 
16524   8 (Enf.  Bur. 2003); South  Central Communications 
Corp.,  18  FCC Rcd  700,  702-03    9 (Enf.  Bur.  2003); 
Northeast Utilities, 17 FCC Rcd  4115, 4117  13 (Enf. Bur. 
2002); AM  Broadcast Station KTNC and  C.R. Communications, 
Inc., DA 99-2960  5 (Enf. Bur. 1999).  

12    47 C.F.R.  0.111, 0.311, 1.80(f)(4).

13    47 U.S.C.  504(a).

14    See 47 C.F.R.  1.1914.