**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. EB-01-PA-312        |
|                                  | *) |                              |
| Beacon Broadcasting, Inc.        | ** | NAL/Acct. No. 200232400003   |
|                                  |    |                              |
| Warren, Ohio                     | *  | FRN 0006-1146-64             |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+
|                                  |    |                              |
+----------------------------------+----+------------------------------+

**FORFEITURE ORDER**

**Adopted: November 13, 2002 Released: November 15, 2002**

By the Chief, Enforcement Bureau:

1.  In this *Forfeiture Order ("Order")*, we issue a monetary forfeiture
    in the amount of fifteen thousand dollars (\$15,000) to Beacon
    Broadcasting, Inc. ("Beacon"), the licensee of WGRP(AM), Greenville,
    Pennsylvania, for willful and repeated violation of Sections
    17.4(g), 17.48(a), and 17.50 of the Commission's Rules
    ("Rules").[^1] The noted violations involve Beacon's failure to post
    the Antenna Structure Registration ("ASR") numbers on the WGRP(AM)
    antenna structures, failure to notify the Federal Aviation
    Administration ("FAA") that the obstruction lighting was improperly
    functioning, and failure to repaint the WGRP(AM) antenna structures.

2.  On June 14, 2002, the Commission's Philadelphia, Pennsylvania
    ("Philadelphia Office") issued a *Notice of Apparent Liability for
    Forfeiture ("NAL")* in the amount of fifteen thousand dollars
    (\$15,000) to Beacon for the noted violations.[^2] Beacon filed a
    response to the *NAL* on August 8, 2002.

```{=html}
<!-- -->
```
II. **BACKGROUND**

```{=html}
<!-- -->
```
3.  On April 4, 2001, an agent from the Philadelphia Office inspected
    the two antenna structures utilized for Station WGRP(AM). The
    antenna structures are assigned ASR numbers 1213201 and 1213203 and
    are located in Greenville, Pennsylvania. During the inspection, the
    agent observed that the ASR numbers were not posted on the WGRP(AM)
    antenna structures and that the paint on both antenna structures was
    severely faded and flaking.

4.  On April 23, 2001, the Philadelphia Office issued to Beacon a
    *Notice of Violation ("NOV")* for failure to post the ASR numbers on
    the WGRP(AM) antenna structures and failure to clean and repaint the
    WGRP(AM) antenna structures to maintain good visibility, in
    violation of Sections 17.4(g) and 17.50 of the Rules. In its
    response dated May 23, 2001, Beacon acknowledged the violations and
    stated that it posted the ASR numbers at the base of the antenna
    structures and would repaint the antenna structures within 60 days.

5.  On November 7, 2001 and November 8, 2001, the agent re-inspected the
    WGRP(AM) antenna structures to verify that Beacon had sufficiently
    addressed the violations cited in the April 23, 2001 *NOV.* On
    November 8, 2001, the agent observed that the ASR numbers were not
    posted on the WGRP(AM) antenna structures and that the paint on both
    antenna structures was still severely faded and flaking. The agent
    also observed on November 7, 2001 at 6:00 p.m. and on November 8,
    2001 at 6 a.m. that the top-level red obstruction lighting on the
    antenna structure 1213201 was extinguished. After interviewing
    Michael Arch, the general manager, the agent determined that Beacon
    failed to notify the FAA that the top-level obstruction lighting was
    extinguished.

6.  On November 15, 2001, the Philadelphia Office issued to Beacon an
    *NOV* for failure to post the ASR numbers on WGRP(AM)'s antenna
    structures, failure to notify the FAA that the top-level red
    obstruction lighting was extinguished, and failure to repaint the
    antenna structures to maintain good visibility, in violation of
    Sections 17.4(g), 17.48(a), and 17.50 of the Rules. In its response
    dated December 5, 2001, Beacon acknowledged the violations and
    stated that it posted the ASR numbers on the antenna structures,
    notified the FAA of the obstruction light malfunction and commenced
    work to correct the obstruction light outage. Beacon also stated
    that it obtained estimates to repaint the antenna structures but the
    work would commence upon the receipt of funds.

7.  On June 14, 2002, the Philadelphia Office issued to Beacon an *NAL*
    in the amount of \$15,000 for failure to post the ASR numbers on the
    WGRP(AM) antenna structures, failure to notify the FAA that the
    obstruction lighting was improperly functioning, and failure to
    repaint the WGRP(AM) antenna structures in willful and repeated
    violation of Sections 17.4(g), 17.48(a), and 17.50 of the Rules. In
    its response to the *NAL,* Beacon argues that it acquired the
    licenses of Stations WGRP(AM) and WEXC-FM in March 2001 and the
    agent inspected its antenna structures shortly thereafter. Moreover,
    Beacon asserts that the ASR numbers appeared on the side of the
    tower shacks, but were faint due to the worn paint on the shacks.
    Beacon also states that it is "financially struggling" and requests
    reconsideration of the proposed forfeiture amount. In addition,
    Beacon states that it has discharged the former general manager, and
    that it is attempting to comply with all FCC rules.

```{=html}
<!-- -->
```
III. **DISCUSSION**

```{=html}
<!-- -->
```
8.  The forfeiture amount in this case was assessed in accordance with
    Section 503(b) of the Communications Act of 1934, as amended,
    ("Act")[^3] Section 1.80 of the Rules,[^4] and *The Commission's
    Forfeiture Policy Statement and Amendment of Section 1.80 of the
    Rules to Incorporate the Forfeiture Guidelines*, 12 FCC Rcd 17087
    (1997), *recon. denied*, 15 FCC Rcd 303 (1999). 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.[^5]

9.  Section 17.4(g) of the Rules requires that the ASR number be posted
    in a conspicuous location so that it is readily visible on or near
    the base of the tower. Beacon indicates in its response that the ASR
    numbers were posted on the side of the tower shacks, but were
    "faint" because of the worn paint. We do not believe that Beacon was
    in compliance with Section 17.4(g) of the Rules. Beacon acknowledges
    that the ASR numbers were "faint," and this resulted in them not
    being visible to the agent. Thus, Beacon did not meet the
    requirements of Section 17.4(g) that the ASR number be readily
    visible. In addition, although Beacon contends that it acquired the
    licenses shortly before the agent's inspection, it was responsible
    for ensuring compliance with our rules once it acquired the
    licenses.[^6] Moreover, Beacon had owned the station for eight
    months prior to the violations that are the subject of this
    proceeding, and had previously indicated it would re-paint the
    towers by the end of July, four months prior to the violation for
    which we issue a forfeiture. With respect to Beacon's argument
    regarding its inability to pay the proposed forfeiture, we note that
    it does not submit any financial documentation from which we can
    assess its ability to pay. Therefore, we decline to reduce the
    forfeiture amount on this basis. Finally, Beacon states that it is
    attempting to comply with the FCC's rules. However, Beacon's
    remedial efforts to correct the violation, while commendable, are
    not a mitigating factor. *See Station KGVL, Inc.,* 42 FCC 2d 258,
    259 (1973).

    **IV. ORDERING CLAUSES**

10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
    Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^7]
    Beacon Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the
    amount of fifteen thousand dollars (\$15,000) for failure to failure
    to post the Antenna Structure Registration numbers on the WGRP(AM)
    antenna structures, failure to notify the Federal Aviation
    Administration that the obstruction lighting was improperly
    functioning, and failure to repaint the WGRP(AM) antenna structures
    in willful and repeated violation of Sections 17.4(g), 17.48(a), and
    17.50 of the Rules.

11. 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.[^8] Payment shall be made by
    mailing a check or similar instrument, payable to the order of the
    Federal Communications Commission, to the Federal Communications
    Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
    payment should note NAL/Acct. No. 200232400003 and FRN 0006-1146-64.
    Requests for full payment under an installment plan should be sent
    to: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^9]

12. IT IS FURTHER ORDERED that, a copy of this *Order* shall be sent by
    First Class and Certified Mail, Return Receipt Requested, to Beacon
    Broadcasting, Inc., 5075 Mahoning Avenue, Warren, Ohio 44483 and
    Beacon Broadcasting, Radio Station WGRP, 44 McCraken Road,
    Greenville, Pennsylvania 16125.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§ 17.4(g), 17.48(a), and 17.50.

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200232400003 (Enf. Bur., Philadelphia Office, released June 14,
    2002).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. § 1.80.

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: *Sitka Broadcasting Co., Inc.,*70 FCC Rcd 2375, 2378 (1979)
    (indicating that licensees are expected to know and comply with the
    Commission's rules).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^8]: 47 U.S.C. § 504(a).

[^9]: *See* 47 C.F.R. § 1.1914.