Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Clarion County Broadcasting Corp.
Licensee of Station WKQW
Facility ID #63290
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File Number EB-08-PA-0270
NAL/Acct. No. 201032400002
FRN 0013-42-8743 
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 4, 2010
By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Clarion County 
Broadcasting Corp. (“Clarion”), the licensee of radio station WKQW in Oil City, Pennsylvania, 
apparently willfully and repeatedly violated Section 73.1745(a) of the Commission's Rules ("Rules")1 by 
operating at times beyond the station’s post-sunset authorization.  We conclude, pursuant to Section 
503(b) of the Communications Act of 1934, as amended (“Act”)2, that Clarion is apparently liable for a 
forfeiture in the amount of four thousand dollars ($4,000.00).   
II. BACKGROUND
2. On August 20, 2008, in response to a complaint that station WKQW was operating at 
nighttime without authorization, an agent from the Enforcement Bureau's Philadelphia Office searched 
FCC databases and found that WKQW is a daytime-only Class D station and is authorized to operate on 
1120 KHz with 1000 Watts between sunrise and sunset times.  The station also has post-sunset and pre-
sunset authorizations that permit WKQW to operate up to two hours after local sunset time at a specified 
reduced power and to begin its pre-sunrise operation at 6 a.m. at a specified reduced power.  The times for 
the post-sunset authorizations vary throughout the year and are indicated on the station’s authorization. 
The station is required to cease radio transmissions during the period between the end of post-sunset 
authorization and the beginning of pre-sunrise authorization.
3. To determine whether WKQW was operating consistent with its authorization, an agent 
from the Philadelphia Office installed radio monitoring equipment in Oil City, Pennsylvania to record, on 
a continuous basis, the relative signal strength of WKQW’s transmission on the frequency 1120 KHz.  
The equipment was in place from October 28, 2008 to December 12, 2008.  
4. The agent reviewed and analyzed the radio transmission data recorded between October 
28, 2008 and December 12, 2008, and found several violations. The agent determined that, between 
  
1 47 C.F.R. § 73.1745(a).
2 47 U.S.C. § 503(b).
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October 28, 2008, and October 30, 2008, the station operated after 8:30 p.m. local time, which is the end 
of the station’s post-sunset authorization during the month of October.3 The agent also determined from 
the recorded radio transmission data that, between November 1, 2008 and November 13, 2008 and 
between November 15, 2008 and November 25, 2008, the station operated past 7:00 p.m. local time, 
which is the end of the station’s post sunset authorization during the month of November.4 In response to 
an inquiry from Commission staff, the owner of Clarion confirmed that the station’s transmitter did not 
malfunction during the period between October 28, 2008 and December 12, 2008.  
III. DISCUSSION
5. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to 
comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply 
with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term "willful" as used in Section 503(b) has been interpreted to 
mean simply that the acts or omissions are committed knowingly.5 The term “repeated” means the 
commission or omission of such act more than once or for more than one day.6
6. Section 73.1745(a) of the Rules requires that no broadcast station shall operate at times or 
with modes or power, other than those specified and made a part of the license, unless otherwise provided 
in this part.  Station WKQW's post-sunset authorization permitted it to operate until 8:30 p.m. in the 
month of October and until 7:00 p.m. during the month of November. As described in detail above, the 
agent found that WKQW operated beyond its post-sunset authorization on three days in October 2008 and 
on eighteen days in November 2008. According to Clarion, the station's transmitter had not malfunctioned 
on any of those days.  Based on the evidence before us, we find that Clarion apparently willfully and 
repeatedly violated Section 73.1745(a) of the Rules by operating at times beyond the station’s post sunset 
authorization.
7. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of 
the Rules, the base forfeiture amount is $4,000 for unauthorized emissions.  In assessing the monetary 
forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(D) of 
the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to 
the violator, the degree of culpability, and history of prior offenses, ability to pay, and other such matters as 
justice may require.7 Applying the Forfeiture Policy Statement, Section 1.80, and the statutory factors to the 
  
3 On October 28, 2008, the station operated from 8:31 p.m. to 11:59 p.m. On October 29, 2008, the station operated 
from 8:31 p.m. to 10:44 p.m. and then again from 12:00 a.m. to 5:59 a.m. On October 30, 2008, the station operated 
from 10:10 pm. to 10:35 p.m.  The station was required during the month of October to cease radio transmissions 
from 8:30 p.m. until the beginning of its pre-sunrise authorization at 6 a.m. 
4 E.g. On November 8, 2008, the station operated from 7:01 p.m. to 5:59 a.m. On November 18, 2008, the station 
operated from 10:37 p.m. to 5:59 a.m. The station was required during the month of November to cease radio 
transmissions 7:01 p.m. until the beginning of its pre-sunrise authorization at 6 a.m. 
5 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under 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 or any rule or regulation of the Commission authorized by this Act…."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
6 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that "[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.” 
7 47 U.S.C. § 503(b)(2)(D).
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instant case, we conclude that Clarion is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Clarion is 
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of four 
thousand dollars ($4,000) for violations of Section 73.1745(a) of the Rules.8
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Clarion SHALL 
PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.
10. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and FRN Number referenced above.  Payment by check or money order may be mailed 
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.8  If you have questions, please contact the Financial Operations Group Help 
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  If payment is made, Clarion will send 
electronic notification on the date said payment is made to NER-Response@fcc.gov.
11. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, Northeast Region, Philadelphia Office, One Oxford Valley Building, Suite 404, 2300 
East Lincoln Highway, Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No. referenced in 
the caption.
12. 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.
  
8 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 73.1745(a).
8 See 47 C.F.R. § 1.1914.
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13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Clarion at its 
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Gene J Stanbro
District Director,
Philadelphia Office
Northeast Region
Enforcement Bureau