**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

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

> Released: June 14, 2002

By the District Director, Philadelphia Office, Enforcement Bureau:

# I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that Beacon Broadcasting, Inc. ("Beacon"), the licensee of WGRP(AM),
    Greenville, Pennsylvania, has apparently violated Sections 17.4(g),
    17.48(a) and 17.50 of the Commission's Rules ("the Rules").[^1]
    These violations occurred as a result of 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.
    We conclude that Beacon is apparently liable for a forfeiture in the
    amount of fifteen thousand dollars (\$15,000).

## II. BACKGROUND

2.  On April 4, 2001, FCC agent David Dombrowski of the Enforcement
    Bureau's Philadelphia Office inspected the two antenna structures
    utilized for broadcast station WGRP(AM). The antenna structures are
    assigned the ASR numbers 1213201 and 1213203 and located at 44
    McCracken Road, Greenville, Pennsylvania. During the inspection, the
    FCC 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.

3.  On April 23, 2001, the Philadelphia Office issued Beacon a Notice of
    Violation ("NOV") for failure to post the ASR numbers 1213201 and
    1213203 on the WGRP(AM) antenna structures, in violation of Section
    17.4(g) of the Rules, and for failure to clean and repaint the
    WGRP(AM) antenna structures to maintain good visibility, in
    violation of Section 17.50 of the Rules. In a 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.

4.  On November 7, 2001 and November 8, 2001, FCC Agent Dombrowski
    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, FCC agent Dombrowski observed that
    the ASR numbers 1213201 and 1213203 were not posted on the WGRP(AM)
    antenna structures and that the paint on both antenna structures was
    still severely faded and flaking. The FCC agent also observed on
    November 7, 2001 at 6:00 p.m. and on November 8, 2001 at 6:00 a.m.
    that the top-level red obstruction lighting on the antenna structure
    1213201 was extinguished. After interviewing Michael Arch, the
    Station Manager, the FCC agent determined that Beacon failed to
    notify the FAA that the top-level obstruction lighting was
    extinguished.

5.  On November 15, 2001, the Philadelphia Office issued Beacon a NOV
    for failure to post the ASR numbers 1213201 and 1213203 on the
    WGRP(AM) antenna structures, in violation of Section 17.4(g) of the
    Rules; for failure to notify the FAA that the top-level red
    obstruction lighting was extinguished, in violation of Section
    17.48(a) of the Rules; and for failure to repaint the antenna
    structures to maintain good visibility, in violation of Section
    17.50 of the Rules. In a 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 lighting outage. Beacon also stated that it obtained
    estimates to repaint the antenna structures but the work would
    commence upon the receipt of funds.

### III. DISCUSSION

6.  Section 17.4(g) of the Rules requires that the ASR number be
    displayed in a conspicuous place so that it is readily visible near
    the base of the antenna structure. Section 17.50 of the Rules
    requires that the antenna structure be cleaned or repainted as often
    as necessary to maintain good visibility. In the April 23, 2001
    Notice of Violation, the Philadelphia Office notified Beacon that it
    should immediately post the ASR numbers and re-paint the antenna
    structures. However, on November 8, 2001, the FCC agent observed
    that Beacon still had not taken corrective action to post the ASR or
    paint the tower.

7.  Section 17.48(a) of the Rules requires that the owner of any antenna
    structure which is registered with the Commission and has been
    assigned lighting specifications shall report immediately by
    telephone or telegraph to the nearest Flight Service Station or
    office of the Federal Aviation Administration any observed or
    otherwise known extinguishment or improperly functioning of any top
    steady burning light or any flashing obstruction light, regardless
    of its position on the antenna structure. On November 7, 2001 and
    November 8, 2001, the top-level red obstruction lighting on antenna
    structure 1213201 was extinguished. Beacon failed to notify the FAA
    that the top-level obstruction lighting was extinguished.

8.  The Commission assesses monetary forfeitures pursuant to Section
    503(b) of the Communications Act of 1934, as amended[^2], (the
    "Act") as implemented in Section 1.80 of the Rules[^3]. A forfeiture
    may be assessed against a person who the Commission finds to have
    willfully[^4] or repeatedly[^5] failed to comply with the provisions
    of the Act or the Rules.

9.  Based on the evidence before us, we find that Beacon apparently
    willfully and repeatedly violated Section 17.4(g), Section 17.48(a)
    and Section 17.50 of the Rules. Forfeiture amounts are decided in
    accordance with Section 503(b)(2) of the Act[^6] and the
    Commission's forfeiture guidelines in Section 1.80(b)(4) of the
    Rules[^7]. The Commission's *Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, 12 FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC
    Rcd 303(1999) ("Forfeiture Policy Statement"), sets the base
    forfeiture amount for Beacon's marking and lighting violations at
    \$10,000 and for failure to notify the FAA at \$3,000. The
    *Forfeiture Policy Statement* does not establish a base forfeiture
    amount for failure to display the antenna structure registration
    number. The Commission has determined, however, that the appropriate
    base forfeiture amount for failure to post the ASR number is \$2,000
    per violation.[^8] In assessing the monetary forfeiture amount, we
    must take into account the statutory factors set forth in Section
    503(b)(2)(D) of the Act,[^9] which include 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. Applying the Policy Statement and the statutory factors
    to the instant case and applying the inflation adjustments, we
    believe that a fifteen thousand dollar (\$15,000) monetary
    forfeiture is warranted.

## 

## 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 of the Rules,[^10] Beacon
    Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR
    A FORFEITURE in the amount of fifteen thousand dollars (\$15,000)
    for failing to post the ASR numbers, failing to notify the FAA and
    failing to maintain the paint on the WGRP(AM) antenna structures.

11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NOTICE OF APPARENT
    LIABILITY, 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.

12. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. 200232400003
    and FRN: 0006-1146-64.

13. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12th Street, S.W., Washington, D.C. 20554 and MUST
    INCLUDE THE NAL/Acct. No. 200232400003 and FRN: 0006-1146-64.

14. 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.

15. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivables Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^11]

16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by 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

John E. Rahtes

District Director

Philadelphia Office

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

[^2]: 47 U.S.C. § 503(b).

[^3]: 47 C.F.R. § 1.80.

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to 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
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^5]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]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.

[^6]: ^?^ 47 C.F.R. § 503(b)(2).

[^7]: ^?^ C.F.R. § 1.80(b)(4).

[^8]: *See American Tower Corporation*, 16 FCC Rcd 1282 (2001).

[^9]: 47 U.S.C § 503(b)(2)(D).

[^10]: 47 C.F.R. §§ 0.111 and 0.311.

[^11]: See 47 C.F.R. § 1.1914.