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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) )
File No. EB-03-TP-231 ) File No. EB-02-PA-319
Urban Radio of Pennsylvania, ) )
L.L.C. ) ) FRN 0007006884
) ) NAL/Acct. No. 200332400006
NAL/Acct. No. 200332700030 )
Radio Station WURP ) ) FRN 0004-9241-06
Philadelphia, Pennsylvania )
FRN 0007006884
)
)
FORFEITURE ORDER
Adopted: September 29, 2004
Released: October 1, 2004
By the Assistant Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twelve thousand dollars
($12,000) to Urban Radio of Pennsylvania, L.L.C. (``Urban
Radio''), licensee of Station WURP, Philadelphia,
Pennsylvania, for willful and repeated violation of Sections
17.47(a), 17.48(a) and 17.51(a) of the Commission's Rules
(``Rules'').1 The noted violations involve Urban Radio's
failure to exhibit red obstruction lighting on its antenna
structure, failure to make observations of the obstruction
lighting once every 24 hours and failure to notify the
Federal Aviation Administration of an obstruction lighting
outage.
2. On January 6, 2003, the Commission's Philadelphia,
Pennsylvania District Office (``Philadelphia Office'')
issued a Notice of Apparent Liability for Forfeiture
(``NAL'') to ICBC Broadcasting Holdings, Inc. (``ICBC''),
the parent company of Urban, in the amount of fifteen
thousand dollars ($15,000).2 Urban Radio filed a response
to the NAL on February 5, 2003.
II. DISCUSSION
3. In its response to the NAL, Urban Radio did not
dispute the violations set forth in the NAL. Urban radio
requested cancellation or reduction of the proposed
forfeiture, however, contending that it acted
conscientiously and reasonably to correct and report the
lighting outage violations once notified of the violations
by the Commission agent, and emphasizing its unblemished
history of overall compliance with the Commission's rules.
4. Urban Radio's remedial actions to promptly correct
violations after they have been identified by a Commission
agent is expected and does not warrant a reduction in the
forfeiture amount.3 We concur, however, with Urban Radio's
assertion that the forfeiture should be reduced or cancelled
in light of its overall history of compliance with the
Rules.4 Accordingly we reduce the forfeiture amount to
$12,000.
III. ORDERING CLAUSES
5. 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,5 Urban Radio of Pennsylvania,
L.L.C., IS LIABLE FOR A MONETARY FORFEITURE in the amount of
twelve thousand dollars ($12,000) for willfully and
repeatedly violating Sections 17.47(a), 17.48(a) and
17.51(a) of the Rules.
6. 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.6 Payment may be made by credit
card through the Commission's Credit and Debt Management
Center at (202) 418-1995 or 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.
Payment by overnight mail may be sent to Bank One/LB 73482,
525 West Monroe, 8TH Floor Mailroom, Chicago, Illinois
60661. Payment by wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account number
1165259. The payment must include the FCC Registration
Number (FRN) and the NAL/Acct. No. referenced in the
caption. Requests for full payment under an installment
plan should be sent to: Chief, Credit and Debt Management
Center, 445 12th Street, S.W., Washington, D.C. 20554.7
7. IT IS FURTHER ORDERED that, a copy of this
Order shall be sent by Certified Mail Return Receipt
Requested and by First Class Mail to Urban Radio's counsel,
David A. O'Connor, Esq., Holland & Knight LLP, 2099
Pennsylvania Avenue NW, Suite 100, Washington, DC 20006-
6801.
FEDERAL COMMUNICATIONS
COMMISSION
George R. Dillon
Assistant Chief, Enforcement
Bureau
_________________________
147 C.F.R. §§ 17.47(a), 48(a), 51(a).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332400006 (Enf. Bur., Philadelphia Office, released
January 6, 2003).
3See AT&T Wireless Services, Inc., 17 FCC Rcd 21861, 21864-
75 (2002); Sonderling Broadcasting Corp., 69 FCC 2d 289,
291 (1978); Odino Joseph, 18 FCC Rcd 16522, 16524 (Enf.
Bur. 2003); South Central Communications Corp., 18 FCC Rcd
700, 702-03 (Enf. Bur. 2003); Northeast Utilities, 17 FCC
Rcd 4115, 4117 (Enf. Bur. 2002).
4See Palouse Country, Inc., 17 FCC Rcd 183 (Enf. Bur. 2003)
($10,000 forfeiture reduced to $8,000 due to station's
overall history of compliance, but station's remedial
actions, while commendable were not a factor in considering
the reduction).
547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
647 U.S.C. § 504(a).
7See 47 C.F.R. § 1.1914.