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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

   In the Matter of              )
                                 )
   AGM-Nevada, LLC               )
                                 )             
   Licensee of Station WMV815    )    File Number  EB-02-DV-067
   Albuquerque, New Mexico       )
   Facility ID # 25529           )            and
                                 )
   Licensee of Station WMW873    )    File Number  EB-02-DV-071
   Albuquerque, New Mexico       )
   Facility ID # 51762           )            and
                                 )
   Licensee of Station KYLZ-FM1  )    File Number  EB-02-DV-072
   Albuquerque, New Mexico       )
   Facility ID # 82812           )    NAL/Acct. No. 200232800012
                                 )    FRN  0005-7738-90
                                 )


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June 28, 2002

By the District Director, Denver Office, Enforcement Bureau:


                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we find that AGM-Nevada, LLC ("AGM"), licensee of booster station KYLZ-
FM1 and studio-transmitter-link (STL) stations WMV815 and WMW873 in 
Albuquerque, New Mexico, apparently willfully violated Section 
74.1235(e) of the Commission's Rules ("Rules")1 by failing to operate 
the booster transmitter within the authorized transmitter power output 
("TPO") limits, and apparently willfully and repeatedly violated 
Section 74.551(a)(3) of the Rules2 by operating two STL transmitters 
from unauthorized locations.  We conclude, pursuant to Section 503(b) 
of the Communications Act of 1934, as amended ("Act"),3 that AGM is 
apparently liable for a forfeiture in the amount of twelve thousand 
dollars ($12,000).



                         II.  BACKGROUND

     2.   On March 26, 2001, the Denver Office received a complaint 
that AGM licensed booster stations KLVO-FM1 and KYLZ-FM1 in Albuquerque 
were causing interference.  

     3.   On April 17, 2001, a Denver Office Agent inspected the 
stations.  No interference was found. However, during the inspection 
the Agent found that the STL transmitters, WMV815 and WMW873, were 
operating from an unauthorized location and that the KYLZ-FM1 
transmitter was operating with excessive transmitter output power.  

     4.   The STLs were located at the current studio location at 4125 
Carlisle, NE, Albuquerque, New Mexico.  The licenses for WMV815 and 
WMW873 both listed a transmitter address of 300 San Mateo Avenue.  
According to an AGM employee, in approximately December 1998 the AGM 
studio and the STL transmitters were moved from 300 San Mateo, NE, 
Albuquerque, New Mexico, to the current studio location at 4125 
Carlisle, NE, Albuquerque, New Mexico.  On June 26, 2002, a record 
search of the FCC database showed that the transmitter address for 
stations WMV815 and WMW873 had still not been modified.

     5.   During the inspection on April 17, 2001, station KYLZ-FM1 was 
found to be operating with excessive transmitter output power.  KYLZ-
FM1 is authorized to operate with a TPO of 1,800 watts.  The calculated 
TPO was 2,280 watts, or 127% of the authorized TPO.  During the 
inspection, the director of engineering for AGM reduced the TPO to 
1,826 watts, thus within the authorized limits.


                          III.      DISCUSSION

     6.   Section 503(b) of the Act provides that any person who 
willfully and repeatedly fails to comply substantially with the terms 
and conditions of any license, or willfully and 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.4  The term "willful" as used in Section 503(b) has 
been interpreted to mean simply that the acts or omissions are 
committed knowingly.5 

     7.   Section 74.551(a)(3) of the Rules states that, "[p]rior 
Commission approval, upon appropriate application (FCC Form 313), 
therefore, is required for ... A change in the location of the 
transmitter or transmitting antenna except when the relocation of the 
transmitter is within the same building."  AGM failed to modify the 
authorizations to indicate the new location for the STL transmitters.  
Based on the evidence before us, we find that AGM willfully and 
repeatedly violated Section 74.551(a)(3) of the Commission's Rules by 
moving and operating the STL transmitters from a location prior to 
receipt of the requisite authorization.  

     8.   Section 74.1235(e) of the Rules states that, "In no event 
shall a station authorized under this subpart be operated with a 
transmitter power output (TPO) in excess of the transmitter certified 
rating.  A station authorized under this subpart for a TPO that is less 
than its transmitter certificated rating shall determine its TPO in 
accordance with 73.267 of this chapter and its TPO shall not be more 
than 105 percent of the authorized TPO."  AGM operated the transmitter 
for KYLZ-FM1 at 127% of the authorized TPO.  Based on the evidence 
before us, we find that AGM willfully violated Section 74.1235(e) of 
the Commission's Rules by failing to operate the KYLZ-FM1 within the 
authorized TPO limits.

     9.   The base forfeiture amount set by The Commission's Forfeiture 
Policy Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
Statement"),6 and Section 1.80 of the Commission's Rules,7 for 
operation at an unauthorized location is $4,000, and for exceeding 
power limits is $4,000.  In this particular case, the forfeiture amount 
for operating at an unauthorized location is assessed for both STLs.  
Thus, the total base forfeiture amount is $12,000.  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,8 which 
include the nature, circumstances, extent, and gravity of the 
violation(s), 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.  Applying the Forfeiture Policy 
Statement and the statutory factors to the instant case, a $12,000 
forfeiture is warranted.


                         IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) 
of the Communications Act of 1934, as amended, and Sections 0.111, 
0.311 and 1.80 of the Commission's Rules, AGM-Nevada, LCC, is hereby 
NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of 
twelve thousand dollars ($12,000) for violations of Sections 
74.551(a)(3) and 74.1235(e) of the Rules.9

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the 
Commission's Rules10 within thirty days of the release date of this 
NOTICE OF APPARENT LIABILITY, AGM-Nevada, LCC 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 must include the FCC Registration Number (FRN) 
and the NAL/Acct. No. referenced in the caption.



     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. referenced in the caption.

     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 # 7001 0320 0002 9702 4276, 
Return Receipt Requested and First Class Mail, to AGM-Nevada, LCC, P. 
O. Box 2700, Bakersfield, CA 93303.

                              FEDERAL COMMUNICATIONS COMMISSION

                              

                              Leo E. Cirbo
                              District Director, Denver Office






_________________________

     1 47 C.F.R  74.1235(e).

     2 47 C.F.R  74.551(a)(3).

     33   47 U.S.C.  503(b).

     4  47 U.S.C.  503(b)(2)(D).

     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).  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  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     7  47 C.F.R.  1.80.

     8  47 U.S.C.  503(b)(2)(D).

     9  47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 
74.551(a)(3) and 74.1235(e).

     10  47 C.F.R.  1.80.

     11 See 47 C.F.R.  1.1914.