Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                              
                                                                             
                                              )                              
                                                                             
     In the Matter of                         )                              
                                                                             
     Beacon Broadcasting, Inc.                )   File Number EB-09-PA-0273  
                                                                             
     Licensee of AM Station WGRP, FM          )   NAL/Acct. No.              
     Station WEXC, and Aural Studio               201132400001               
     Transmitter Link WQGW238                 )                              
                                                  FRN 0008-53-9157           
     Greenville, PA                           )                              
                                                                             
     Facility ID # 25227                      )                              
                                                                             
                                              )                              
                                                                             
                                              )                              



                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: October 29, 2010 Released: November 1, 2010

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Beacon Broadcasting, Inc. ("Beacon"), licensee of AM station
       WGRP, FM station WEXC, and aural studio transmitter link ("STL")
       WQGW238, in Greenville, Pennsylvania, apparently willfully and
       repeatedly violated Sections 73.3526(e)(12), 73.1745(a) and 1.903(a)
       of the Commission's Rules ("Rules") by failing to: (1) maintain radio
       issues/programs lists in the station's public inspection file; (2)
       operate its broadcast station in a manner which complies with the
       terms of the station authorization; and (3) operate an STL for Station
       WEXC on an authorized frequency. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Beacon is apparently liable for a forfeiture in the amount of eighteen
       thousand dollars ($18,000).

   II. BACKGROUND

    2. On November 18, 2009 and November 19, 2009, an agent from the
       Enforcement Bureau's Philadelphia Office ("Philadelphia Office")
       conducted an inspection at the WGRP main studio in Greenville,
       Pennsylvania with the station's General Manager. While at the main
       studio, the agent reviewed the contents of the WGRP public inspection
       file and found that it did not contain any radio issues/programs lists
       since the grant of the latest WGRP renewal application on July 28,
       2006. In Exhibit 11 of its renewal application, Beacon acknowledged
       that the public inspection file did not contain the radio
       issues/programs lists prior to September 14, 2005 because the former
       station principals had not prepared them.  Beacon also stated that
       "[t]he public inspection file is complete and timely for all periods
       after the consummation date of the transfer of control."

    3. In addition, on November 18, 2009 at 10:13 p.m. and again on November
       19, 2009 at 2:28 p.m., the agent conducted field strength measurements
       of the WGRP signal on the frequency 940 kHz. The agent found that the
       field strength of the station during the nighttime was 5.2 mV/m and
       the field strength of the station during the daytime was 31.0 mV/m.
       During the inspection on November 19, 2009, the agent observed that
       WGRP was operating with an antenna input power of 957 Watts during the
       daytime. Based on both the field strength measurements and the
       observed daytime antenna input power, the agent calculated that WGRP
       was operating with 26.9 Watts on November 18, 2009 at 10:13 p.m. The
       license for WGRP, by contrast, requires operation with an antenna
       input power of 2.2 Watts at nighttime.

    4. Further, during the inspection on November 19, 2009, the agent found
       that Beacon was operating a Nautel AM Transmitter (Model J1000) and
       that Beacon had programmed the transmitter to automatically reduce
       power to 28 Watts at nighttime. The FCC agent contacted a
       representative from Nautel through the Technical Support Line on that
       date to determine if the Nautel J1000 AM Transmitter is capable of
       operating at WGRP's authorized nighttime power of 2.2 Watts. The
       Nautel representative informed the FCC agent that the Nautel J1000 AM
       Transmitter is only FCC certified to operate at power levels between
       10 Watts and 1100 Watts. The representative also said that the Nautel
       J1000 AM Transmitter is not capable of operating at 2 Watts without
       experiencing audio distortion. The agent found that the minimum
       operating power for the WGRP transmitter is also specified as 10 Watts
       on the Technical Summary Page from the Nautel J1000 manual.

    5. Beacon shares the WGRP main studio with co-owned FM broadcast station
       WEXC. On November 19, 2009, the agent also inspected the STL for
       station WEXC. The agent observed that Beacon was operating a Mosely
       Associates STL (Model PCL505) on the frequency 951.500 MHz. The
       service label on the rear of the STL specified that J Squared
       Technical Service of Grants Pass, Oregon programmed the transmitter
       with the frequency 951.500 MHz on February 22, 2001. Beacon's General
       Manager showed the agent a copy of the license for station WPYK361,
       which authorized operation of an STL on the frequency 951.500 MHz at
       the WEXC main studio location. Commission records show, however, that
       the license WPYK361 was cancelled on March 20, 2007 pursuant to a
       request that Beacon filed on that same day. At the time of the
       inspection, Beacon was only authorized to operate an STL for WEXC on
       the frequency 948.000 MHz, under the license for station WQGW238.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission there under, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    7. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each calendar
       quarter, a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period.  This list is known as the radio issues/programs list.
       Copies of the radio issues/programs list must be maintained in the
       station's public inspection file until final action has been taken on
       the station's next renewal application. Therefore, Beacon was required
       to maintain copies of all quarterly radio issues/program lists that it
       prepared since July 28, 2006, the grant date of the latest WGRP
       renewal application. Beacon did not maintain the radio issues/programs
       lists in the WGRP public inspection file for the period between July
       28, 2006 and November 19, 2009. We note that Beacon clearly understood
       that it was required to maintain the radio issues/programs lists in
       the public inspection file because it acknowledged in its most recent
       renewal application that the public inspection file was missing
       quarterly radio issues/programs lists prior to September 14, 2005. We
       find that Beacon's failure to maintain the radio issues/programs lists
       in the station's public inspection file was willful and repeated.
       Accordingly, based on the evidence before us, we find that Beacon
       apparently willfully and repeatedly violated Section 73.3526(e)(12) of
       the Rules.

    8. Section 73.1745(a) provides that "[n]o broadcast station shall operate
       at times, or with modes or power, other than those specified and made
       a part of the license, unless otherwise provided in this part." The
       license for station WGRP requires the station to operate with an
       antenna input power of 2.2 Watts during the nighttime. The agent found
       that Beacon was operating station WGRP with an antenna input power of
       26.9 Watts on November 18, 2009 at 10:13 p.m. Moreover, Beacon
       programmed the WGRP transmitter to automatically reduce to this
       unauthorized power level at nighttime. Thus, we find that the
       violation was willful. Beacon has operated its Nautel J1000 AM
       Transmitter, which is not capable of operating at station WGRP's
       authorized nighttime power level, since its purchase on November 30,
       2005. We therefore find that the violation was also repeated.
       Accordingly, based on the evidence before us, we find that Beacon
       apparently willfully and repeatedly violated Section 73.1745(a) of the
       Rules by failing to operate its broadcast station in a manner which
       complies with the terms of the station authorization.

    9. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service and with a valid
       authorization granted by the Commission. Section 1.947(a) of the Rules
       specifies that all major modifications as defined in Section 1.929 of
       the Rules require prior Commission approval. Section 1.929(a)(6) of
       the Rules lists one of the major modifications as "any application or
       amendment requesting to add a frequency or frequency block for which
       the applicant is not currently authorized." On November 19, 2009, an
       agent from the Philadelphia Office found that Beacon was operating the
       WEXC STL on the unauthorized frequency 951.500 MHz. At the time of the
       inspection, Beacon held a license for its STL under the call sign
       WQGW238, authorizing operation on the frequency 948.000 MHz. Beacon
       once held authorization to operate an STL on the frequency 951.500 MHz
       under the license for station WPYK361. The Commission cancelled the
       license for WPYK361 on March 20, 2007, however, pursuant to a request
       that Beacon filed on that same day. Beacon affirmatively cancelled the
       license authorizing operation of the STL on the frequency 951.500 MHz,
       but nonetheless continued to operate on that frequency. We therefore
       find that the violation was willful and repeated. Accordingly, based
       on the evidence before us, we find that Beacon apparently willfully
       and repeatedly violated Section 1.903(a) of the Rules by operating a
       Studio Transmitter Link on an unauthorized frequency.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operation with
       excessive power is $4,000 and for operation on an unauthorized
       frequency is $4,000. The base forfeiture amount for violation of the
       public file rule is $10,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Beacon is apparently liable for a forfeiture in the amount of $18,000.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Beacon Broadcasting, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eighteen thousand dollars ($18,000) for violations of
       Sections 73.3526(e)(12), 73.1745(a) and 1.903(a) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Beacon Broadcasting, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Beacon Broadcasting, Inc. shall also send
       electronic notification to NER-Response@fcc.gov  on the date said
       payment is made.

   14. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Northeast Region, Philadelphia Field Office, One Oxford Valley
       Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
       Pennsylvania 19047 and must include the NAL/Acct. No. referenced in
       the caption. The statement should also be emailed to
       NER-Response@fcc.gov.

   15. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Beacon Broadcasting, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Field Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1745(a), 1.903(a), 73.3526(e)(12).

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

   See File No. BR-20060323AHR (filed March 27, 2006).

   Id. The transfer of control of Beacon Broadcasting Inc. from the former
   principal shareholder, Michael Arch, to the current principal shareholder,
   Harold F. Glunt, was consummated on September 14, 2005. See File No.
   BTC-20050609AAH.

   The antenna input power was based on the forward power reading from the
   front panel display of the Nautel 1000 AM Broadcast Transmitter. The agent
   did not determine the antenna input power using the reading from the
   station's common point meter, because the common point meter had not been
   recently calibrated and appeared to be providing erroneous readings. The
   agent reported the problem to Beacon's General Manager.

   See File No. BZ-20070216ABS.

   See File No. 0002957991 (filed March 20, 2007).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387, 4388 (1991), recon. denied, 7 FCC Rcd 3454 (1992).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

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

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

   According to a representative of Nautel, Beacon Broadcasting purchased the
   J1000 AM Transmitter (S/N B150) on November 30, 2005 for station WGRP.

   47 C.F.R. S: 1.903(a). At issue here is Beacon's operation of its STL,
   which is considered an aural broadcast auxiliary station. Section 74.6 of
   the Rules provides that "[a]pplicants for and licensees of. . .aural
   broadcast stations. . .are subject to the application and procedural rules
   for wireless telecommunications services contained in part 1, subpart F of
   this chapter." 47 C.F.R. S: 74.6. Part 1, subpart F includes Section
   1.903(a) of the Rules.

   47 C.F.R. S: 1.947(a).

   47 C.F.R. S: 1.929(a)(6).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S:1.80.

   Id.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   73.3526(e)(12), 73.1745(a), 1.903(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2097

                                       2

   Federal Communications Commission DA 10-2097