Federal Communications Commission DA 07-870
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
WADV Radio, Inc.
Licensee of Station WADV
Lebanon, Pennsylvania
Facility ID # 20401
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File Number EB-05-PA-046 
NAL/Acct. No. 200632400003
FRN 0005-00-4502
FORFEITURE ORDER
Adopted:  February 27, 2007 Released:  March 1, 2007
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of four 
thousand dollars ($4,000) to WADV Radio, Inc. (“WADV”), the licensee of AM Broadcast Radio station 
WADV in Lebanon, Pennsylvania, for willfully and repeatedly violating Section 73.1745(a) of the 
Commission’s Rules (“Rules”)1 by operating its station at a power of more than 5 Watts during nighttime 
hours, in direct contravention of the terms of its station authorization.  
2. On September 29, 2006, the Commission’s Philadelphia Field Office issued a Notice of 
Apparent Liability for Forfeiture (“NAL”) in the amount of $4000 to WADV for failure to reduce power or 
cease operations at local sunset time on numerous occasions during December 2005 and January 2006.2  
WADV does not dispute the findings in the NAL, but requests a cancellation or reduction of the forfeiture 
based on its inability to pay, its history of compliance with the Commission’s Rules, and the remedial efforts 
it has taken to prevent future violations.
3. We decline to reduce the proposed forfeiture based on an inability to pay.  The 
Commission has determined that, in general, an individual’s or entity's gross revenues are the best 
indicator of an ability to pay a forfeiture.  We have reviewed the federal tax returns submitted by WADV 
and find that the forfeiture represents a percentage of gross income that falls within the range that has 
been found acceptable.3  We likewise decline to reduce the proposed forfeiture based on the fact that 
  
1 47 C.F.R. § 73.1745(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632400003 (Enf. Bur., Philadelphia Office, released  
September 29, 2006).
3 See PJB Communications of Virginia, Inc., 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., 15 FCC Rcd 
24385, 24389 ¶ 11 (2000), recon. denied, 16 FCC Rcd 10023, 10025 ¶ 6 (2001) (forfeiture not deemed excessive 
where it represented approximately 7.9 percent of the violator’s gross revenues); Hoosier Broadcasting Corporation,
14 FCC Rcd 3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed 
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WADV has installed automated equipment that will prevent future over-powered operations.  The 
Commission consistently has held that corrective action taken to come into compliance with the Rules is 
expected, and does not nullify or mitigate any prior forfeitures or violations.4  Finally, we also decline to 
reduce the proposed forfeiture based on WADV’s history of compliance. WADV previously has received 
three Notices of Violation, two of which included violations for over-powered operation.5
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”),6 and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission’s Rules,7 WADV Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the 
amount of $4,000 for willfully and repeatedly violating Section 73.1745(a) of the Rules.
5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within thirty (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 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/Acct. No. and FRN 
No. referenced above. Payment by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to 
Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire 
transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 
911-6106.  Requests for full payment under an installment plan should be sent to: Associate Managing 
Director, Financial Operations, 1A625, 445 12th Street, S.W., Washington, D.C. 20554.9
     
excessive where it represented approximately 7.6 percent of the violator’s gross income).  
4 See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994); see also AT&T Wireless Services, Inc., 17 
FCC Rcd 21871-76 (2002).
5 See WADV Radio, Inc., Notice of Violation, EB-01-PA-056 (rel. February 12, 2001)(failure, inter alia, to reduce 
power to authorized nighttime power); WADV Radio, Inc., Notice of Violation, EB-01-PA-056 (rel. October 1, 2001); 
WADV Radio, Inc., Notice of Violation, EB-01-PA-347 (rel. December 18, 2001)(operation at daytime power level 
during pre-sunrise hours).
6 47 U.S.C. § 503(b).
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.
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6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail 
and Certified Mail Return Receipt Requested to WADV Radio, Inc. at its address of record and to counsel 
for WADV Radio, Inc. at his address of record. 
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau