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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )                               
                                                                
     WADV Radio, Inc.           )     File Number EB-05-PA-046  
                                                                
     Licensee of Station WADV   )   NAL/Acct. No. 200632400003  
                                                                
     Lebanon, Pennsylvania      )             FRN 0005-00-4502  
                                                                
     Facility ID # 20401        )                               
                                                                
                                )                               


                                FORFEITURE ORDER

   Adopted: February 27, 2007  Released: March 1, 2007

   By the Regional Director, Northeast Region, Enforcement Bureau:

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to WADV Radio, Inc.
       ("WADV"), the licensee of AM Broadcast Radio station WADV in Lebanon,
       Pennsylvania, for willfully and repeatedly violating Section
       73.1745(a) of the Commission's Rules ("Rules") by operating its
       station at a power of more than 5 Watts during nighttime hours, in
       direct contravention of the terms of its station authorization.

    2. On September 29, 2006, the Commission's Philadelphia Field Office
       issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
       amount of $4000 to WADV for failure to reduce power or cease
       operations at local sunset time on numerous occasions during December
       2005 and January 2006. WADV does not dispute the findings in the NAL,
       but requests a cancellation or reduction of the forfeiture based on
       its inability to pay, its history of compliance with the Commission's
       Rules, and the remedial efforts it has taken to prevent future
       violations.

    3. We decline to reduce the proposed forfeiture based on an inability to
       pay. The Commission has determined that, in general, an individual's
       or entity's gross revenues are the best indicator of an ability to pay
       a forfeiture. We have reviewed the federal tax returns submitted by
       WADV and find that the forfeiture represents a percentage of gross
       income that falls within the range that has been found acceptable.  We
       likewise decline to reduce the proposed forfeiture based on the fact
       that WADV has installed automated equipment that will prevent future
       over-powered operations. The Commission consistently has held that
       corrective action taken to come into compliance with the Rules is
       expected, and does not nullify or mitigate any prior forfeitures or
       violations.  Finally, we also decline to reduce the proposed
       forfeiture based on WADV's history of compliance. WADV previously has
       received three Notices of Violation, two of which included violations
       for over-powered operation.

    4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, WADV Radio, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully
       and repeatedly violating Section 73.1745(a) of the Rules.

    5. 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. 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, 1A625,
       445 12th Street, S.W., Washington, D.C. 20554.

    6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to WADV Radio,
       Inc. at its address of record and to counsel for WADV Radio, Inc. at
       his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Russell Monie, Jr.

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S 73.1745(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632400003
   (Enf. Bur., Philadelphia Office, released September 29, 2006).

   See  PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992)
   (forfeiture not deemed excessive where it represented approximately 2.02
   percent of the violator's gross revenues); Local Long Distance, Inc., 15
   FCC Rcd 24385, 24389 P 11  (2000), recon. denied, 16 FCC Rcd 10023, 10025
   P 6 (2001) (forfeiture not deemed excessive where it represented
   approximately 7.9 percent of the violator's gross revenues); Hoosier
   Broadcasting Corporation,  14 FCC Rcd 3356 (CIB 1999), recon. denied, 15
   FCC Rcd 8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where
   it represented approximately 7.6 percent of the violator's gross income).

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994); see
   also AT&T Wireless Services, Inc., 17 FCC Rcd 21871-76 (2002).

   See WADV Radio, Inc., Notice of Violation, EB-01-PA-056 (rel. February 12,
   2001)(failure, inter alia, to reduce power to authorized nighttime power);
   WADV Radio, Inc., Notice of Violation, EB-01-PA-056 (rel. October 1,
   2001); WADV Radio, Inc., Notice of Violation, EB-01-PA-347 (rel. December
   18, 2001)(operation at daytime power level during pre-sunrise hours).

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

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

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-870

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   Federal Communications Commission DA 07-870