Report No. DC-2607 ACTION IN DOCKET CASE June 8, 1994 FCC TERMINATES FORFEITURE PROCEEDING AGAINST WESTERVILLE BROADCASTING COMPANY LIMITED PARTNERSHIP (MM DOCKET NO. 93-107) The Commission has terminated its forfeiture proceeding against Westerville Broadcasting Company Limited Partnership (WBC). WBC's application for a new FM station at Westerville,OH, was dismissed by the Administrative Law Judge at its request after having been previously notified of a forfeiture liability. On September 23, 1993, the Commission released an order notifying WBC that it was apparently guilty of violating the rules by misrepresenting facts in a pleading filed on June 9, 1993, that a determination of liability would be made unless WBC were to remit $25,000 within 30 days, and that WBC could respond within 30 days to show that no penalty, or one of a lesser amount, should be assessed. WBC filed a response to the notice arguing that the Commission was procedurally barred from assessing a forfeiture and that there were no factual grounds for doing so. The Commission agreed that there were insufficient grounds for assessing a forfeiture. Action by the Commission May 27, 1994, by Memorandum Opinion and Order (FCC 94-126). Chairman Hundt, Commissioners Quello and Barrett, with Commissioners Ness and Chong not participating. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050.