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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No.: EB-04-BF-
031
)
Beacon Broadcasting, Inc. ) NAL/Acct. No.:
200432280002
Licensee of Station WANR )
Warren, Ohio ) FRN: 0008369423
FORFEITURE ORDER
Adopted: November 15, 2004 Released:
November 17, 2004
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seven thousand
dollars ($7,000) to Beacon Broadcasting, Inc.
(``Beacon''), licensee of radio station WANR(AM),
Warren, Ohio, for willful and repeated violation of
Section 73.49 of the Commission's Rules (``Rules'').1
The noted violation involves Beacon's failure to
enclose one of the station's two antenna towers within
an effective locked fence.
2. On May 26, 2004, the Resident Agent of the
Commission's Buffalo, New York Field Office (``Buffalo
Office'') issued a Notice of Apparent Liability for
Forfeiture (``NAL'') in the amount of $7,000 to
Beacon.2 Beacon has not filed a response to the NAL.
Based on the information before us, we affirm the
forfeiture.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended
(``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4)
of the Commission's Rules,4 Beacon Broadcasting, Inc.
IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$7,000 for willfully and repeatedly violating Section
73.49 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within
thirty (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.5
Payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago,
Illinois 60673-7482. Payment by overnight mail may be
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire transfer
may be made to ABA Number 071000013, receiving bank
Bank One, and account number 1165259. The payment
should note NAL/Acct. No. 200432280002, and FRN
8369423. 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. 20554.6
5. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class Mail and Certified Mail Return
Receipt Requested to Beacon Broadcasting, Inc., 6578
Summers Road, Windsor, Ohio 44099.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
_________________________
147 C.F.R. 73.49.
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432280002 (Enf. Bur., Buffalo Office, released May 26, 2004).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 U.S.C. § 504(a).
6See 47 C.F.R. § 1.1914.