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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Minority Business & Housing             )                               
     Development, Inc.                                File No. EB-06-NY-275  
                                             )                               
     Licensee of Station WYGG                    NAL/Acct. No. 200832380002  
                                             )                               
     Asbury Park, New Jersey                          FRN: 0007512528        
                                             )                               
     Facility ID # 19867                                                     
                                             )                               
                                                                             
                                             )                               



                                FORFEITURE ORDER

   Adopted: May 28, 2009 Released: June 3, 2009

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of twenty-five thousand dollars ($25,000) to Minority
       Business & Housing Development, Inc. ("MBHD"), licensee of FM radio
       station WYGG in Asbury Park, New Jersey, for willfully and repeatedly
       violating Section 1.1310 of the Commission's Rules ("Rules), by
       failing to comply with radio frequency radiation ("RFR") maximum
       permissible exposure ("MPE") limits applicable to facilities,
       operations, or transmitters; Section 73.1350(a) of the Rules, by
       operating with an excessive antenna height from an unauthorized
       location; and Section 73.3527(a) of the Rules, by failing to maintain
       a public inspection file.

   II. BACKGROUND

    2. On November 16, 2006, an agent from the Commission's New York Office
       monitored station WYGG on 88.1 MHz using an FCC direction finding
       vehicle and found that the station was operating from an antenna
       mounted on the roof of 601 Bangs Avenue, Asbury Park, New Jersey
       07712, at coordinates 40DEG 13' 01'' north latitude and 074DEG 00'
       36'' west longitude, approximately 83 meters west of the station's
       authorized location. The antenna was mounted at a height of 43.9
       meters AGL, which exceeded its authorized antenna height by 29.9
       meters.

    3. After identifying the station's location, the agent then entered the
       building located at 601 Bangs Avenue and identified himself to the
       front desk clerk. The clerk indicated that he had a key to the roof
       and contacted the building manager, who escorted the agent to the
       roof. To access the roof, it was necessary to unlock a padlocked door
       that led into a poorly illuminated elevator equipment room, which was
       followed by an unlocked door leading outside to the lower level of the
       roof. The roof had an upper level, which could only be accessed by
       climbing a ladder mounted on the side wall. The agent observed WYGG's
       transmitting antenna approximately 8 feet above the upper roof level
       mounted on a pole approximately 3 feet away from the top of the
       ladder. The agent also observed a set of cellular antennas mounted on
       the side wall around the edges of the upper roof, and a set of 8 thick
       cables laid across the upper roof within several feet of WYGG's
       antenna. Using a personal RF safety monitor, the agent determined that
       there was an area near the top of the ladder leading to the upper roof
       that met or exceeded the general population RFR MPE limits. There were
       no warning signs or barriers on the rooftop to prevent access to the
       area in question. In response to questions, the building manager
       stated that workers routinely gain access to the roof by obtaining a
       key from the front desk or the office on the 11th floor and that
       workers recently accessed the roof to work on the cellular equipment.
       She also stated that she was unaware of any RFR hazards on the roof.

    4. Immediately after the rooftop inspection on November 16th, the agent
       inspected WYGG's main studio, located on the 7th floor of the
       building. During the inspection, the agent observed that there was no
       public file, no chief operator designation, no station license posted,
       and very few station logs. The agent observed in the station's records
       a 2-year lease agreement which commenced on April 1, 2005, between the
       building owner and WYGG's station manager, for the lease of 601 Bangs
       Avenue, Suite 705. The lease also specified the installation of one
       antenna on the roof. The agent advised the station manager that MBHD
       was in violation of the FCC's Rules for operating from an unauthorized
       location and height, for excessive levels of RFR on the rooftop, for
       not having a public file, and detailed other violations found. The
       agent informed the station manager that these were many of the same
       violations for which MBHD received an NOV and forfeiture in 2002. The
       station manager admitted that the station did not have a public
       inspection file, that there was no designated chief operator, and that
       their contract engineer, who comes by occasionally, is the only one
       who knows anything about the transmission system or knows how to
       operate the EAS equipment. The manager stated that he was not aware of
       the RFR issue and he made no mention of any signs posted or procedures
       to follow regarding RFR.

    5. On November 20, 2006, agents from the Commission's New York and
       Philadelphia Offices conducted a RFR survey of radio station WYGG on
       the rooftop of 601 Bangs Avenue, Asbury Park, New Jersey. Agents
       contacted building management, who instructed the agents to obtain the
       key for the padlocked door from the office on the 11th floor. After
       opening the padlocked door that led into the elevator equipment room,
       the agents observed two small, inconspicuous signs near the unlocked
       door that led to the rooftop. One was a small RFR sign posted to the
       left of the door by a wireless service provider indicating that the
       RFR levels may exceed FCC Standards for general public exposure. The
       sign did not indicate which areas on the roof exceeded the public or
       general population limits. The second was a small white paper sign
       glued to the right of the access door advising of a "radio frequency
       hazard" and that "anyone who has to climb the ladder to the top out of
       this door please contact the radio station on 7th floor suite 705."
       Two phone numbers for the station were listed on the sign. Neither
       warning sign was clearly visible because the elevator equipment room
       was not illuminated. The view of the small white sign to the right of
       the access door was blocked by a large piece of electrical equipment.

    6. The agents then proceeded to the upper rooftop to conduct RFR
       measurements. There were still no warning signs or barriers on the
       rooftop to prevent access to hazardous areas. Using a calibrated RFR
       meter, the agents determined that the occupational and general
       population limits were exceeded in an area about 5 feet around WYGG's
       antenna support pole. The agents made a total of 12 spatially averaged
       measurements one foot from WYGG's antenna support pole at a single
       location where the highest RFR levels were detected. The measurements
       showed that the RFR level was 158% of RFR MPE occupational limit, and
       790% of the general population RFR MPE limit, or 1.58 mW/cm2

    7. Immediately after making the RFR measurements, an agent contacted the
       station manager at one of the numbers listed on the warning sign. The
       agent stated to the station manager that workers were about to go on
       the roof and asked the manager if there were any hazards for persons
       working on the upper level roof. The manager indicated that there were
       no hazards on the roof but that the workers should not go too close to
       the antenna. The agent repeatedly informed the manager that men would
       be working near the antenna on the upper roof and asked if there would
       be a problem. The manager stated that the antenna has been up there
       for 5 or 6 years and that people had worked on the roof before and
       nothing happened. The agent called the manager back about 10 minutes
       later, explained that he was still concerned about RFR from the
       antenna, and asked if it would be possible to temporarily turn off the
       power to the station so that the men could work safely on the roof.
       The manager said that he would ask the station operators to turn off
       the station. A few minutes later, the manager called the agent back
       and said he was going to the station himself to turn off the station.
       Shortly thereafter, the manager called the agent again, stating that
       he was at the studio and was turning off the station for 30 minutes.
       The agent asked the manager if it would be safe for the men to go to
       the upper roof, and the manager said that it would. The agents then
       observed that the radio transmitter for station WYGG was still
       operating.

    8. Several minutes later, the station manager came to the rooftop. When
       agents asked why the power to the station was not turned off after he
       agreed to do so, the manager explained that he thought that turning
       off the audio to the radio station was sufficient. The agents
       explained that the transmitter itself must be turned off in order to
       eliminate the RFR emanating from the antenna. After the WYGG
       transmitter was turned off, the agents conducted additional RFR
       measurements in the same location under WYGG's antenna with the
       calibrated RFR meter. No RFR emissions were detected when station WYGG
       was off the air, which indicated that WYGG was responsible for 100% of
       the emissions measured earlier. Therefore, the RFR emissions from WYGG
       were 158% of RFR MPE occupational limit, and 790% of the general
       population RFR MPE limit, or 1.58 mW/cm2. The agents explained to the
       manager that the RFR levels due to WYGG's transmission exceeded the
       occupational and general population MPE limits, creating an RFR
       hazard, and that the problem should be addressed as soon as possible.
       The agents also advised the manager that, in addition to the RFR
       violations, the station was still in violation for operating at an
       unauthorized location and height.

    9. On November 21, 2006, an agent from the New York Office called the
       licensee, MBHD, and spoke to MBHD's Executive Director, Dr. Philius
       Nicholas. The agent explained all the violations found and noted that
       these were some of the same violations cited in the NOVs and NAL
       issued in 2002. Dr. Nicholas stated that he previously submitted an
       application to move WYGG to 601 Bangs Avenue, at an increased height
       and lower power. The agent explained that WYGG was never authorized to
       operate from that location and height and FCC records show that the
       construction permit application (File No. BPED-20020808ADH) was never
       granted and was in fact dismissed per the applicant's request.

   10. On January 30, 2007, agents conducted an inspection of WYGG at its new
       facility, which it was operating from pursuant to a Special Temporary
       Authority ("STA") granted by the Audio Service Division on January 4,
       2007. The agents determined that the station was operating at the
       location, antenna height, and power authorized by the STA. The STA
       letter and chief operator designation were posted at the studio, and
       there were labeled folders in the public file for all required
       elements, but the file was incomplete. Specifically, there were no
       quarterly issues/programs listings in the file. The transmitting
       antenna was located on the roof of a building next door to 414 Asbury
       Avenue, mounted on a pole approximately 20 feet above the roof at the
       south west corner of the building. The agents used a calibrated RFR
       meter to determine if any areas on the roof exceeded the public or
       occupational RFR MPE limits. The agents conducted several sets of
       spatial average measurements under the WYGG antenna, and determined
       that the levels were in compliance with the occupational and general
       population RFR MPE limits.

   11. On December 20, 2007, the New York Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $25,000 for the
       violations found at 601 Bangs Avenue. Specifically, the New York
       Office found that MBHD apparently willfully and repeatedly violating
       Section 1.1310 of the Rules by failing to comply with the RFR maximum
       permissible exposure MPE limits; Section 73.1350(a) of the Rules by
       operating with an excessive antenna height from an unauthorized
       location; and Section 73.3527(a) of the Rules, by failing to maintain
       a public inspection file. In its response to the NAL, MBHD seeks a
       "significant reduction" in the proposed forfeiture on the ground that
       it did not intentionally commit the violations and that it has made
       significant efforts to come into compliance with the Commission's
       Rules. In addition, MBHD submits a Declaration from the WYGG
       consulting engineer that addresses each of the findings in the NAL.

   III. DISCUSSION

   12. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the 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 ("Forfeiture
       Policy Statement"). In examining MBHD's response, Section 503(b) of
       the Act requires that the Commission 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 other such matters as justice may
       require.

      A. Compliance with RFR Limits

   13. We disagree with MBHD's assertion that it did not violate the
       Commission's RFR limits. MBHD does not dispute the agents'
       measurements, which showed that the area near the WYGG antenna
       exceeded the general population/uncontrolled RFR MPE limits. Rather,
       MBHD claims that the general population/uncontrolled RFR MPE limits do
       not apply here because the general population did not have access to
       the roof. In support of its claim, MBHD's engineer submits that he
       personally was not able to access the roof and therefore, he argues,
       the general public could not possibly gain access. The fact that the
       station's consulting engineer personally did not know how to access
       the antenna is irrelevant. As we explained in the NAL, the general
       population/uncontrolled RFR MPR limits applied in this case because
       the roof where WYGG's antenna was located was accessible by workers
       who were not aware of their potential for exposure and could not
       exercise control over it. That is, we found in the NAL that there was
       an "uncontrolled" environment on the roof, not that the general
       population had access to the roof.

   14. Our finding that the general population/uncontrolled RFR MPR limits
       applied was based on several pieces of evidence in the record. First,
       the building manager and station manager admitted to the agents that
       they were not aware of the RFR hazard. Second, the building manager
       and station manager reported that workers routinely accessed the roof.
       Third, although warning signs were posted inside near the roof access
       door, these signs were inconspicuous due to poor illumination and a
       large piece of electrical equipment blocked the view of one of the
       signs. Fourth, the areas on the rooftop that exceeded the general
       population RFR MPE limit were not marked in any way. Because MBHD has
       not submitted any evidence demonstrating that the workers who accessed
       the roof were aware of the RFR hazards and could exercise control over
       their exposure, we conclude that we appropriately applied the general
       population/uncontrolled RFR MPE limits in this case. The agents found
       that the RFR emissions greatly exceeded the general population MPE on
       November 16 and 20, 2006, and we therefore conclude that MBHD
       willfully and repeatedly violated Section 1.1310 of the Rules by
       failing to comply with the RFR MPE limits applicable to facilities,
       operations, and transmitters.

      A. Station Location and Antenna Height

   15. We reject MBHD's contention that it was operating from 601 Bangs
       Avenue, Asbury Park, New Jersey, pursuant to a valid license. At the
       time of the inspections in 2006, the station's license (File No.
       BLED-19940304KZ) authorized WYGG to operate at 517 Cookman Avenue,
       with an antenna height of 14 meters above ground level ("AGL") and
       height above average terrain ("HAAT") of 10 meters at the coordinates
       40DEG 13' 01'' north latitude and 074DEG 00' 33'' west longitude. As
       detailed in the NAL, on November 16 and 20, 2006, agents found that
       WYGG was operating from an antenna mounted on the roof of 601 Bangs
       Avenue at a height of 43.9 meters AGL and a HAAT of approximately 40
       meters at coordinates 40DEG 13' 01'' north latitude and 074DEG 00'
       36'' west longitude. The "license" that MBHD's engineer refers to in
       support of his claim that WYGG was operating pursuant to a valid
       license (BPED-19980417ID) was a three-year construction permit that
       expired on May 18, 2002. MBHD has not submitted any other
       documentation in support of its claim that it had authority to operate
       from 601 Bangs Avenue. We therefore find that, by operating with an
       excessive antenna height from an unauthorized location, MBHD willfully
       and repeatedly violated Section 73.1350(a) of the Rules, which
       requires that a licensee operate in accordance with the terms of its
       station authorization.

      A. Public Inspection File

   16. We find no basis for cancelling the forfeiture proposed for failure to
       comply with the Commission's public inspection file rules. On November
       16, 2006, an agent inspected WYGG's main studio and found that the
       station did not maintain a public inspection file. During the
       inspection, the station manager admitted that the station did not have
       a public inspection file. In his Declaration, MBHD's consulting
       engineer claims that he kept the public file in his desk drawer and
       that station management did not know where he kept the file. Even
       assuming that a complete file was in the engineer's desk drawer, the
       mere fact that a file exists does not constitute compliance with
       Section 73.3527(c) of the Rules, which requires that the public file
       "shall be available for public inspection at any time during regular
       business hours." Therefore, at a minimum, MBHD willfully failed to
       make its public inspection file available to the agent on November 16,
       2006, as required by Section 73.3527(c) of the Rules. We ultimately
       find, however, that the engineer's statement, which is made without
       any supporting documentation and which is in direct contradiction to
       the statement of the station manager, is totally without merit.
       Accordingly, we conclude that MBHD willfully and repeatedly violated
       Section 73.3527(a) of the Commission's Rules by failing to maintain a
       public inspection file.

      A. Forfeiture Amount

   17. We find that MBHD's request for a "significant reduction" in the
       forfeiture amount is without merit. First, we decline to reduce the
       forfeiture amount based on MBHD's claim that it did not intend to
       violate the rules. To assess a forfeiture penalty, Section 503(b)(1)
       of the Act requires that we determine that the subject "willfully or
       repeatedly" violated the rules. The Commission has long held that
       violations resulting from inadvertent error or failure to become
       familiar with the FCC's requirements are willful violations and that
       "willful" does not require a finding that the rule violation was
       intentional. Rather, the term "willful" means that the violator knew
       that it was taking (or not taking) the action in question,
       irrespective of any intent to violate the rules. In any event, because
       we find here that MBHD's violations of Section 1.1310, Section
       73.1350(a), and Section 73.3527(a) were repeated, we do not also need
       to make a determination that they were willful. We likewise decline to
       take into consideration the "ongoing efforts that WYGG has made to
       become FCC compliant." The Commission has consistently held that a
       licensee is expected to correct errors when they are brought to the
       licensee's attention and that such correction is not grounds for a
       downward adjustment in the forfeiture.

   18. In sum, we have examined MBHD's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that MBHD willfully
       and repeatedly violated Section 1.1310, Section 73.1350(a), and
       Section 73.3527(a) of the Rules and that the $25,000 forfeiture
       proposed in the NAL is warranted.

   IV. ORDERING CLAUSES

   19. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Minority Business & Housing
       Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       twenty-five thousand dollars ($25,000) for violations of Section
       1.1310, Section 73.1350(a), and Section 73.3527(a) of the Rules.

   20. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Minority Business & Housing Development,
       Inc. shall also send electronic notification on the date said payment
       is made to NER-Response@fcc.gov.

   21. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Minority Business
       & Housing Development, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Mofffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.1310. See also Guidelines for Evaluating the Environmental
   Effects of Radiofrequency Radiation, Report and Order, ET Docket No.
   93-62, 11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum
   Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in part, Second
   Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd
   13494 (1997) ("Guidelines").

   47 C.F.R. S: 73.1350(a).

   47 C.F.R. S: 73.3527(a).

   The Philadelphia Office previously issued a NAL to MBHD on December 30,
   2002, in the amount of $13,000 for unauthorized antenna height and no EAS
   equipment installed. See Minority Business & Housing Development, Inc.,
   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332400003
   (rel. December 30. 2002).  MBHD did not dispute the violations and after
   issuance of a Forfeiture Order and Memorandum Opinion and Order, MBHD paid
   the forfeiture on November 17, 2004. See Minority Business & Housing
   Development, Inc., Forfeiture Order, 18 FCC Rcd 9422 (2003), Memorandum
   Opinion and Order, 19 FCC Rcd 8929 (2004). Prior to issuance of the NAL,
   Notices of Violation ("NOV") were issued by the FCC's Philadelphia Office
   on May 30, 2002 and July 24, 2002, citing MBHD for unauthorized antenna
   height and location, unauthorized antenna type, no public file, no EAS
   equipment installed, no station logs, and no chief operator designation or
   review. The July 24, 2002 NOV also cited MBHD for failure to respond to
   the first NOV.

   During the 2002 investigation, building management for 601 Bangs Avenue
   stated that, based on engineering drawings, the WYGG antenna was mounted
   on the roof of the building 144 feet (43.9 meters) above ground level,
   which exceeds its authorized antenna height by 29.9 meters.

   See File No. BSTA-20070104ACJ. On April 3, 2007, MBHD submitted an
   application for an extension of the STA, File No. BESTA-20070403ACK, and
   an application for Construction Permit, File No. BPED-20070403ABV, to
   operate station WYGG from the new facility at 414 Asbury Avenue. On July
   23, 2007, the Audio Division granted MBHD a 36-month Construction Permit.
   As of the release date of this order, MBHD continues to operate WYGG at
   414 Asbury Avenue pursuant to an STA.

   Declaration of Neal Newman, dated January 29, 2008.

   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)(E).

   MBHD's engineer states in his Declaration that "I submit that the FCC
   inspector was able to gain access because he was a federal agent." See
   Declaration at 4. Our finding that the general population/uncontrolled RFR
   MPE limits apply is not based on the fact that the FCC agent was able to
   access the roof. Our finding is based on the fact that the building
   manager and station manager reported that workers routinely accessed the
   roof and that workers were not properly warned about the RFR hazards.

   See NAL at para. 16. In situations where the general public may be
   exposed, or where persons that are exposed as a consequence of their
   employment may not be fully aware of the potential for exposure or cannot
   exercise control over their exposure, the general population/ uncontrolled
   MPE limits apply.  See 47 C.F.R. S: 1.1310, Note 2 to Table 1.

   Our finding here is consistent with the Commission's recent decision in
   Infinity Broadcasting Corporation of Florida in which the Commission
   affirmed the assessment of a forfeiture for violation of the RFR MPE
   limits and found, inter alia, that it was appropriate to apply the public
   MPE limits where access to the area of concern was restricted, but no
   visible signage or markings existed to make workers and employees entering
   the area of concern even aware of their exposure, let alone enable such
   workers or employees to exercise control over their exposure to high RFR
   fields in the area of concern. Infinity Broadcasting Corporation of
   Florida, Order on Review, 47 P&F 754 (April 7, 2009) para. 19.

   Although our findings here with regard to violations of the RFR MPE limits
   are not based on the fact that the station manager did not know how to
   turn off the transmitter, we note that his inability to do so is relevant
   to whether MBHD is able to comply with the requirement in its station
   license that it be able to "reduce power or cease operation as necessary
   to protect persons having access to the site, tower or antenna from
   radiofrequency electromagnetic fields in excess of FCC guideline." It is
   particularly troubling that the station manager is unable to turn off the
   transmitter given that MBHD's consulting engineer, who claims that he is
   the only one who knows how to operate the transmitter, also reports that
   he has a full-time job maintaining eight major market stations. See
   Declaration at 4.

   Although MBHD's engineer claims that license BLED-1994030KZ expired in
   1998, the license was in fact renewed in 2000 (File No. BRED-19980420YA)
   and again in 2006 (File No. BRED-20060125AGT).

   MBHD does not dispute that it was operating with its antenna at an
   unauthorized height. We note that a $5,000 forfeiture was proposed in the
   NAL for operating with an unauthorized antenna and at an unauthorized
   location. Under Section 1.80 of the Rules, 47 C.F.R. S: 1.80, the base
   forfeiture amount for exceeding an authorized antenna height is $5,000.
   Therefore, even if we accepted MBHD's claim that it was operating from an
   authorized location, there would not be any reduction in the forfeiture
   amount.

   We do not address here whether WYGG was properly maintaining its public
   inspection file during the agents' inspection on January 30, 2007, because
   our findings with regard to the station's public inspection file at 601
   Bangs Avenue alone warrant the proposed $10,000 forfeiture.

   Declaration at 1.

   See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
   FCC Rcd 2088 (1992) (" PJB Communications"); see Southern California
   Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387
   (1991), recon. denied, 7 FCC Rcd 3454 (1992) (" Southern California")
   (stating that "inadvertence ... is at best, ignorance of the law, which
   the Commission does not consider a mitigating circumstance"); Standard
   Communications Corp., Memorandum Opinion and Order, 1 FCC Rcd 358 (1986)
   (stating that "employee acts or omissions, such as clerical errors in
   failing to file required forms, do not excuse violations").

   See e.g., ESI Companies, Inc., Forfeiture Order, 19 FCC Rcd 17744 (2004),
   citing KOKE, Inc., 23 FCC 2d 191 (1970).

   See AT&T Wireless Services, Inc, 17 FCC Rcd 21866, 21875-76 (2002);
   Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 1.1310,
   73.1350(a), 73.3527(a).

   Federal Communications Commission DA 09-1208

   2

   2

   Federal Communications Commission DA 09-1208