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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


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


                                FORFEITURE ORDER

   Adopted: April 3, 2012 Released: April 3, 2012

   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 eight thousand dollars ($8,000) to Beacon Broadcasting,
       Inc. (Beacon), former licensee of AM Station WGRP, FM Station WEXC,
       and aural studio transmitter link (STL) WQGW238, in Greenville,
       Pennsylvania, for willfully and repeatedly violating Sections
       73.3526(e)(12), 73.1745(a) and 1.903(a) of the Commission's Rules
       (Rules). The noted violations involve Beacon's failure to (1) maintain
       radio issues/programs lists in Station WGRP's public inspection file;
       (2) operate Station WGRP in a manner which complies with the terms of
       the station authorization; and (3) operate the STL for Station WEXC on
       an authorized frequency.

   II. BACKGROUND

    2. On November 1, 2010, the Enforcement Bureau's Philadelphia Office
       (Philadelphia Office) issued a Notice of Apparent Liability for
       Forfeiture (NAL)  to Beacon in the amount of $18,000 for failure to
       maintain radio issues/programs lists in the station's public
       inspection file, failure to operate its broadcast station in a manner
       which complies with the terms of the station authorization, and
       failure to operate its STL (WQGW238) for Station WEXC on an authorized
       frequency. In view of the record evidence, the NAL  proposed a
       forfeiture of $18,000 against Beacon for violation of Sections
       73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules. Beacon
       submitted a response to the NAL conceding that it failed to maintain
       quarterly issues/programs lists in Station WGRP's public inspection
       file and that it operated Station WGRP beyond the station's authorized
       nighttime power of 2.2 watts. Beacon challenged, however, the
       Philadelphia Office's conclusion that it operated Station WEXC's STL
       on an unauthorized frequency. In addition, Beacon requests a
       cancellation or reduction on the ground that payment of a forfeiture
       would pose a financial hardship.

   III. DISCUSSION

    3. The proposed 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 Forfeiture Policy Statement.
       In examining Beacon'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. As
       discussed below, we have considered Beacon's response in light of
       these statutory factors and find that a reduction in the forfeiture
       amount is warranted based on Beacon's documented inability to pay.

    4. As set forth in the NAL, an agent from the Philadelphia Office
       determined, inter alia, that Beacon: (1) failed to maintain
       issues/programs lists in Station WGRP's public inspection file and (2)
       operated Station WGRP in excess of its authorized nighttime power of
       2.2 watts. In its response to the NAL, Beacon does not dispute the
       findings with regard to the public inspection file violation and its
       overpowered nighttime operation. To the extent Beacon reports that it
       corrected the violations after the inspection, the Commission expects
       parties to take post-inspection corrective action to come into
       compliance with the Rules and such action does not nullify or mitigate
       any prior violations.  Thus, we find that Beacon willfully and
       repeatedly violated Sections 73.3526(e)(12) and 73.1745(a) of the
       Rules by failing to maintain issues/programs lists in Station WGRP's
       public inspection file and operating Station WGRP in excess of the
       authorized nighttime power.

    5. We reject Beacon's claim that it was not operating Station WEXC's STL
       on an unauthorized frequency. On November 19, 2009, using mobile
       direction-finding equipment, an agent determined that the STL for
       Station WEXC was operating on the unauthorized frequency 951.500 MHz.
       The agent also observed that the service label on the rear of the STL
       transmitter specified that J Squared Technical Service of Grants Pass,
       Oregon, programmed the transmitter with the frequency 951.500 MHz on
       February 22, 2001. In its NAL Response, Beacon submits a statement
       from its contract engineer that (1) he "determined through personal
       investigation" that the STL was operating on its authorized frequency,
       and (2) the 2001 service label indicating that the transmitter was
       operating on 951.500 MHz was "overtaken by events when the transmitter
       was retuned" to the authorized frequency prior to November 2009. We do
       not believe that this unsupported statement from Beacon's contract
       engineer outweighs the technical measurements and observations of the
       FCC agent who determined that Station WEXC's STL was operating on the
       frequency 951.500 MHz on November 19, 2009. Thus, we conclude that the
       preponderance of the evidence supports our previous conclusion that
       Beacon willfully and repeatedly violated Section 1.903(a) of the
       Rules.

    6. Finally, Beacon asserts that payment of the forfeiture would pose a
       financial hardship. With regard to an individual's or entity's
       inability to pay claim, the Commission has determined that, in
       general, gross revenues are the best indicator of an ability to pay a
       forfeiture. We have reviewed our records and Beacon's submitted
       documentation and conclude that the forfeiture should be reduced to
       $8,000, an amount within the range determined by the Bureau to be
       affordable.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Beacon
       Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of eight thousand dollars ($8,000) for violations of Sections
       73.3526(e)(12), 73.1745(a), and 1.903(a) of the Rules.

    8. 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 enforcement 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 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.
       Beacon Broadcasting, Inc. shall also send electronic notification on
       the date said payment is made to NER-Response@fcc.gov.

    9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail, Return Receipt Requested, to Beacon
       Broadcasting, Inc. c/o Harold Glunt at P.O. Box 1798, Warren, Ohio,
       44482 and to John S. Neely, counsel for Beacon Broadcasting, Inc., at
       Miller and Neely, P.C., Suite 704, 6900 Wisconsin Avenue, Bethesda,
       Maryland 20815.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt

   Regional Director

   Northeast Region

   Enforcement Bureau

   The sale of Stations WGRP, WEXC, and WQGW238 to Educational Media
   Foundation was consummated on January 7, 2011. See BALH-20100930ADL.

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

   Beacon Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 25
   FCC Rcd 15254 (Enf. Bur.,2010). The facts in the NAL are incorporated
   herein by reference.

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

   See Beacon Broadcasting, Inc., Partial Opposition to Notice of Apparent
   Liability for Forfeiture, dated November 30, 2010 (NAL Response) at 1-2.

   See Beacon Broadcasting, Inc., Supplement to Partial Opposition to Notice
   of Apparent Liability for Forfeiture and Request to Withhold Information
   from Public Inspection, dated December 7, 2010 (NAL Response Supplement).

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

   47 C.F.R. S: 1.80.

   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), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

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

   NAL Response at 1-3.

   See International Broadcasting Corporation, Order on Review, 25 FCC Rcd
   1538 (2010); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099
   (1994).

   See NAL Response, Statement of Michael Glunt.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 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., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   See id.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 73.3526(e)12), 73.1745(a), 1.903(a).

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

   Federal Communications Commission DA 12-527

   4

   Federal Communications Commission DA 12-527