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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                            
                                 )   File No. EB-04-BF-018       
     M.B. Communications, Inc.                                   
                                 )   NAL/Acct. No. 200432280003  
                                 )   FRN: 0000012005             
     Penn Yan, New York                                          

                          MEMORANDUM OPINION AND ORDER

   Adopted:  August 8, 2006 Released:   August 10, 2006

   By the Chief, Enforcement Bureau:

   I. Introduction

    1. In this Memorandum Opinion and Order ("Order"),  we deny the petition
       for reconsideration filed by M.B. Communications, Inc. ("M.B.
       Communications"), licensee of AM radio station WYLF, Penn Yan, New
       York. M.B. Communications seeks reconsideration of the Enforcement
       Bureau's ("Bureau") Forfeiture Order  imposing a forfeiture in the
       amount of eleven thousand dollars ($11,000)for violations of Sections
       73.1560(a)(1), 73.1745(a), and 73.49 of the Commission's rules


    2. On August 25, 2004, the Commission's Buffalo Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") to M.B. Communications for a
       forfeiture in the amount of eleven thousand dollars ($11,000) for
       willful and repeated violation of Sections 73.1560(a)(1), 73.1745(a),
       and 73.49 of the Rules. The violations concerned the operation of WYLF
       with power in excess of the station's authorization during daytime,
       post sunset, and nighttime hours and failure to enclose the station's
       tower within an effective locked fence or other enclosure. M.B.
       Communications filed a response to the NAL on August 31, 2004. The
       Bureau released a Forfeiture Order imposing a forfeiture in the amount
       of $11,000 for the noted violations on June 3, 2005.  M.B.
       Communications filed the instant petition for reconsideration on June
       22, 2005. M.B. Communications does not dispute the findings in the
       Forfeiture Order, but seeks a remission or reduction of the forfeiture
       based on its inability to pay. In support of this request, M.B.
       Communications submits its tax returns for the past three years.


    3. The forfeiture amount in this case was assessed in accordance with
       Section 503(b) of the Communications Act of 1934 as amended ("Act"),
       Section 1.80 of the Rules, and The Commission's Forfeiture Policy
       Statement and Amendment of Section 1.80 of the Rules to Incorporate
       the Forfeiture Guidelines. In examining M.B. Communications' petition
       for reconsideration, Section 503(b) 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 any
       such other matters as justice may require. The Commission has
       determined that, in general, an entity's gross revenues are the best
       indicator of its ability to pay a forfeiture. After reviewing M.B.
       Communications' claim and supporting documentation, we find that a
       reduction of the forfeiture based on inability to pay is not

   IV. Ordering clauses

    4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act
       and Section 1.106 of the Rules, the petition for reconsideration filed
       by M.B. Communications, Inc. of the Enforcement Bureau's Forfeiture
       Order for the NAL/Acct. No. referenced herein is DENIED.

    5. IT IS ALSO ORDERED THAT, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, ("Act") and Section 1.80(f)(4)
       of the Rules, M.B. Communications, Inc. IS LIABLE FOR A MONETARY
       FORFEITURE in the amount of eleven thousand dollars ($11,000) for
       willfully and repeatedly violating Sections 73.49, 73.1560(a)(1), and
       73.1745(a) of the Rules.

    6. 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/Acct. No.
       and FRN No. referenced above. Payment by check or money order may be
       mailed to Federal Communications Commission, P.O. Box 358340,
       Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to
       Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251. Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106. Requests for
       full payment under an installment plan should be sent to: Associate
       Managing Director - Financial Operations, 445 12^th Street, SW, Room
       1A625, Washington, DC 20554.

    7. IT IS FURTHER ORDERED that  copies of this Order shall be sent by
       Certified Mail Return Receipt Requested and by First Class Mail to
       M.B. Communications, Inc. and its counsel at their addresses of


   Kris Anne Monteith

   Chief, Enforcement Bureau

   M.B. Communications, Inc., Petition for Reconsideration of Forfeiture
   Order Confidential Treatment Requested, filed June 22, 2005.

   M.B. Communications, Inc., Forfeiture Order, 20 FCC Rcd 9536 (2005); 47
   C.F.R. SS 73.49, 73.1560(a)(1), and 73.1745(a).

   In its response to the NAL, M.B. Communications largely claimed that its
   violations were not willful. The Bureau found, inter alia, that because
   the violations were repeated, it was not necessary to make a finding that
   the violations also were willful. See Forfeiture Order at paras. 7, 9. The
   Bureau also rejected M.B. Communications' claim that the agent erroneously
   concluded that the lock around WYLF's antenna structure was ineffective.
   See Forfeiture Order at para. 8. The Bureau further found that M.B.
   Communications' remedial efforts were expected and therefore did not
   nullify any prior forfeitures or violations. See Forfeiture Order at para.
   10. M.B. Communications did not claim an inability to pay in response to
   the NAL.

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

   47 C.F.R. S 1.80.

   12 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999).

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

   PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992).

   47 U.S.C. S 405.

   47 C.F.R. S 1.106.

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

   M.B. Communications made a "good faith" payment of $2,000 on August 31,
   2004, and thus the total amount due will be $9,000.

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

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)


   Federal Communications Commission DA 06-1604


   Federal Communications Commission DA 06-1604