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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                               
                                                                   
     In the Matter of              )                               
                                                                   
     Hensley Broadcasting, Inc.    )     File Number EB-07-PA-027  
                                                                   
     Licensee of Station WWII      )   NAL/Acct. No. 200832400004  
                                                                   
     Shiremanstown, Pennsylvania   )               FRN 0003252848  
                                                                   
     Facility ID #26973            )                               
                                                                   
                                   )                               



                                FORFEITURE ORDER

   Adopted: January 12, 2009 Released: January 14, 2009

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION AND BACKGROUND

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to Hensley Broadcasting,
       Inc. ("Hensley"), licensee of AM radio station WWII, Shiremanstown,
       Pennsylvania, for willfully and repeatedly violating Section
       73.3526(e)(12) of the Commission's Rules ("Rules") by failing to
       maintain issues/programs lists in the station's public inspection
       file.

    2. On January 22, 2008, the Philadelphia Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to
       Hensley for failing to maintain an issues/programs list in the
       station's public inspection file for any quarter during 2006. In this
       Order, we consider Hensley's arguments that the forfeiture amount
       should be cancelled because subsequent to the violations found during
       the station inspections on September 16, 2005, and January 25, 2007,
       but prior to the issuance of the NAL, the Commission approved, and
       Hensley consummated on June 15, 2007, a transfer of control from Carl
       C. Kuehn and the Estate of M. Dean Lebo to Joseph L. Green.

   II. DISCUSSION

    3. 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 Hensley'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.

    4. Hensley does not dispute the findings in the NAL and does not deny
       that, at all times relevant to this matter, Hensley has been the
       licensee of WWII. Rather, Hensley claims that cancellation of the
       proposed forfeiture is warranted because 100% of Hensley's stock was
       transferred on June 15, 2007, prior to the issuance of the NAL. We
       disagree. Commission precedent is clear that "liability for violations
       of Commission rules inures to the licensee regardless of an
       intervening transfer of control." We therefore conclude that Hensley
       is responsible for the public file violations set out in the NAL.

    5. We have examined Hensley'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 the $4,000
       forfeiture proposed in the NAL is warranted.

   IV. ORDERING CLAUSES

    6. 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, Hensley Broadcasting,
       Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for
       willfully and repeatedly violating Section 73.3526(e)(12) of the
       Rules.

    7. 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/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. 
       Hensley Broadcasting, Inc. shall also send electronic notification on
       the date said payment is made to NER-Response@fcc.gov

    8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Hensley
       Broadcasting, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526(e)(12).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 20083240004
   (Enf. Bur., Philadelphia Office, rel. January 22, 2008). In the NAL, the
   Philadelphia Office also admonished Hensley for failing to maintain
   Emergency Alert System ("EAS") logs in violation of Section 11.61(b) of
   the Rules. 47 C.F.R. S: 11.61(b).

   The Commission granted the transfer of control application, File No.
   BTC-20070301ABB, on May 8, 2007, and the parties consummated the transfer
   on June 15, 2007.

   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).

   See WLDI, Inc., 17 FCC Rcd 14750, 14752 (EB 2002), citing Winslow
   Communications, Inc., 45 FCC2d 662 (1974) (rejecting licensee's argument
   that it should not be liable for violation when violation occurred prior
   to transfer of control of licensee's stock); see also EZ Sacramento, Inc.,
   Memorandum Opinion and Order, 16 FCC Rcd 4958, 4959 (2001) (finding that
   fact ownership of the company changed hands does not affect the company's
   liability)(subsequent citations omitted). The case cited by Hensley in its
   response, Georgia Eagle Broadcasting, Inc., DA 07-3540 (rel. August 10,
   2007), is inapposite because that case involved the assignment of a
   station from one licensee to another licensee and not the transfer of
   stock, as is the case here. As the Bureau noted in WLDI, Inc., negotiating
   an assignment of license as opposed to a transfer of control can insulate
   a new owner from liability for the prior owner's violations. See WLDI,
   Inc., 17 FCC Rcd at n. 13 (subsequent citations omitted).

   We also note that Hensley claims that its position that current station
   owners are not responsible for violations of prior station owners is
   supported by the instructions in the license renewal application (FCC Form
   303-S), which states that all of the certifications in the license renewal
   application cover the license renewal term except that "if the station
   license was assigned or transferred during the subject license [term]
   [sic] pursuant to a "long form" application on FCC Form 314 or 315, the
   renewal applicant's certifications should cover only the period during
   which the renewal applicant held the station's license." The issues of
   where liability lies for violations that occurred prior to a transfer of
   control and whether a new owner can certify to actions that took place
   prior to the transfer of control are entirely different issues. With
   regard to liability, the licensee remains the same after a transfer of
   control and therefore liability, as a legal matter, remains with the
   licensee. In the context of a license renewal application, a transferee
   cannot, as a legal or practical matter, certify that the licensee complied
   with the Commission's rules during a period of time prior to the
   transferee obtaining ownership.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4),
   73.3526(e)(12).

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

   Federal Communications Commission DA 09-24

   2

   2

   Federal Communications Commission DA 09-24