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

   In the Matter of              )
                                 )
   Woodland       Communications )    File Number  EB-02-DV-313
   Corporation                   )             
                                 )    NAL/Acct. No. 200332800012
   Licensee of Station WMF732    )    FRN  0002-3220-89
   Montrose, Colorado            )    
   Facility ID # 73626           )    
                                 )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released:  
                                                 April   30, 
                                                 2003


By the Acting District  Director, Denver Office, Enforcement 
Bureau:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  ("NAL"), we  find  that Woodland  Communications 
Corporation  ("Woodland"),  licensee of  studio-transmitter-
link  (STL),  call  sign   WMF732,  in  Montrose,  Colorado, 
apparently  willfully   and  repeatedly   violated  Sections 
74.551(a)(2),  74.551(a)(3) and  74.561 of  the Commission's 
Rules ("Rules"),1 by failing  to operate the STL transmitter 
on the authorized frequency and  failing to operate from the 
authorized  location.   We  conclude,  pursuant  to  Section 
503(b) of the Communications Act  of 1934, as amended,2 that 
Woodland is apparently liable for a forfeiture in the amount 
of eight thousand dollars ($8,000).


                         II.  BACKGROUND

     2.   On August 1, 2002, a Denver Office agent inspected 
broadcast  stations  KUBC(AM)   and  KKXK(FM),  licensed  to 
Montrose, Colorado.  During the  inspection, the agent found 
and  advised  station  personnel that  the  STL  transmitter 
utilized by KUBC-AM,  call sign WMF732, was  operating on an 
unauthorized  frequency and  from an  unauthorized location.  
Using a spectrum  analyzer, the agent verified  that the STL 
transmitter was  operating on the frequency  of 948.873 MHz.  
Woodland's  license  for  WMF732  specified  the  authorized 
frequency for  the STL transmitter  as 951.000 MHz  with the 
authorized  location  for  the  transmitter  at  2018  South 
Townsend,  in  Montrose,  Colorado.   At  the  time  of  the 
inspection, the studio and  the STL transmitter were located 
at 106 Rose Lane in Montrose, Colorado.   

     3.   A follow-up  record search  in September  2002, of 
the FCC database revealed that Woodland had failed to modify 
either the frequency or the transmitter location for WMF732, 
as the  licensed frequency was  shown as 951.000 MHz  with a 
transmitter  address  of   2018  South  Townsend,  Montrose, 
Colorado. 

     4.   A  Notice  of  Violation  ("NOV")  was  issued  to 
Woodland  on November  21,  2002, for  violations of,  among 
others, Sections 74.551(a)(2) and 74.551(a)(3) of the Rules, 
for  failing to  modify  the authorization  to indicate  the 
change in  operating frequency and transmitter  location for 
WMF732.   On  December  10,   2002,  Woodland  requested  an 
extension of  time to respond  to the NOV.  On  December 13, 
2002, the Denver Office  granted Woodland until December 20, 
2002, to respond.

     5.   In Woodland's  December 20, 2002, response  to the 
NOV,  Woodland  stated  with  regard  to  the  violation  of 
74.551(a)(2),  that "...for  as long  as we  have owned  the 
radio stations  - since  1988 - we  have never  modified the 
equipment for WMF732.   This is to say we  have operated the 
unit  as it  was sold  to  us some  14 years  ago, with  the 
license that  the prior owner  obtained for it.   Indeed, it 
was not until we asked the FCC inspector, who had a spectrum 
analyzer  with  him  during  the inspection,  to  check  the 
assigned frequency  of the unit,  did it become  apparent to 
any of  us that there  was a variance between  the frequency 
used  and the  frequency  authorized."  With  regard to  the 
violation of 74.551(a)(3), Woodland  responded that when the 
application  for  change in  the  main  studio location  was 
filed, they "overlooked,  however, the resulting application 
that would  be required  to change transmitter  location for 
WMF732."


                      III.  DISCUSSION

     6.   Section 503(b) of the Act provides that any person 
who willfully  fails to comply substantially  with the terms 
and conditions of any license,  or willfully 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.3   The  term 
"willful" as used in Section  503(b) has been interpreted to 
mean  simply  that  the  acts  or  omissions  are  committed 
knowingly and  the term  "repeated" means the  commission or 
omission  of the act  more than  once or  for more  than one 
day.4

     7.   Section  74.551(a)(2) of  the  Rules states  that, 
"[p]rior  Commission approval  ... is  required for  ... [a] 
change  in the  operating frequency  or channel  bandwidth."  
Woodland's license for station WMF732 specified operation on 
951.000 MHz.   At the time  of the inspection,  Woodland was 
operating STL WMF732 on 948.873  MHz.  Section 74.561 of the 
Rules  requires   that  the  licensee  shall   maintain  the 
operating frequency of the  transmitter within 0.005% of the 
assigned frequency.   At the time of  the inspection, WMF732 
was transmitting  on 948.873  MHz which  is more  than 0.22% 
from the  assigned frequency.  Woodland asserts  that it was 
not aware that  the STL was not operating  on its authorized 
and  assigned frequency  until the  time of  the inspection.  
Woodland admitted in the response to the NOV that it had not 
monitored  the STL  frequency to  determine if  the STL  was 
operating on  a frequency other  than that for which  it was 
licensed.  Woodland stated that the equipment for WMF732 had 
never been modified, as Woodland did not doubt the "match of 
the  equipment  to  the   license."   The  lack  of  routine 
maintenance  and  performance  measurements  indicates  that 
during Woodland's fourteen years of ownership, no effort had 
been  made   so  as  to  ascertain   compliance  with  these 
particular Rule sections.    

     8.   During  the August  1, 2002,  inspection, Woodland 
was advised  that the STL  was operating on  an unauthorized 
frequency.  Woodland  did not promptly change  the operating 
frequency  of WMF732  to that  authorized, nor  did Woodland 
promptly  file  an  application   to  change  the  operating 
frequency  pursuant to  section 74.551(a)(2)  of the  Rules.  
Commission  records  indicate  that  Woodland  submitted  an 
application  to change  the  STL frequency  on  Form 601  on 
December 19,  2002, over 4  months after the  inspection and 
nearly one month after the NOV was issued.

     9.   Section  74.551(a)(3) of  the  Rules states  that, 
"[p]rior  Commission approval  ... is  required for  ... [a] 
change in  the location  of the transmitter  or transmitting 
antenna except when relocation  of the transmitter is within 
the same building."  At the  time of the inspection, the STL 
was not authorized to operate  from the location at which it 
was installed.  Woodland acknowledged in response to the NOV 
that it failed  to modify the authorization  to indicate the 
new location  for the  STL transmitter  when the  studio and 
associated STL  were moved in January  1998.  Moreover, even 
though  Woodland  was advised  during  the  August 1,  2002, 
inspection  that the  STL was  operating at  an unauthorized 
location, Woodland  did not promptly file  an application to 
change   the  transmitter   location  pursuant   to  section 
74.551(a)(3) of the Rules.  Rather, Woodland waited 4 months 
after  the inspection  and nearly  one month  after the  NOV 
before  submitting  an  application   on  Form  601  to  the 
Commission  on December  19, 2002,  to change  the station's 
location of operation.

     10.  Operation  on the  frequency and  at the  location 
licensed is a fundamental requirement of the FCC's licensing 
policy  and is  critical to  spectrum coordination  and non-
interference.   As  a licensee,  Woodland  is  aware of  its 
obligations  to operate  in  accordance with  the terms  and 
conditions of its authorizations.  We do not find Woodland's 
suggestion  that,  at  the  time  of  the  inspection,  they 
requested  verification of  the STL's  frequency mitigating.  
Verification of  operation by licensees on  their authorized 
frequencies is  a normal component of  a station inspection.  
And, licensees are expected to comply with the Rules .    

     11.  Based  on the  evidence  before us,  we find  that 
Woodland   willfully   and  repeatedly   violated   Sections   
74.551(a)(2),  74.551(a)(3) and  74.561 of  the Commission's 
Rules  by failing  to  operate the  STL  transmitter on  the 
authorized frequency and  failing to operate the  STL at the 
authorized location.5
 
     12.  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   operating  on  an  unauthorized 
frequency  is $4,000  and for  operating at  an unauthorized 
location is  $4,000.  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,  an  $8,000  forfeiture  is 
warranted.


                    IV.  ORDERING CLAUSES

     13.  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,  Woodland Communications  Corporation is 
hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in 
the amount of eight thousand dollars ($8,000) for violations 
of  Sections 74.551(a)(2),  74.551(a)(3) and  74.561 of  the 
Rules.9

     14.  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, Woodland 
Communications Corporation SHALL PAY  the full amount of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     15. 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.

     16.   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.

     17.  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.

     18.  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

     19.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or in a separate filing  to be sent to the Technical and 
Public   Safety   Division,  Enforcement   Bureau,   Federal 
Communications Commission, 445 12th Street S.W., Washington, 
D.C. 20554.  Your certification should indicate whether you, 
including your parent entity  and its subsidiaries, meet one 
of the  definitions set  forth in the  list provided  by the 
FCC's Office of Communications Business Opportunities (OCBO) 
set  forth  in  Attachment  A of  this  Notice  of  Apparent 
Liability.   This  information  will be  used  for  tracking 
purposes only.  Your response or  failure to respond to this 
question   will  have   no   effect  on   your  rights   and 
responsibilities   pursuant  to   Section   503(b)  of   the 
Communications Act.  If you have any questions regarding any 
of the information contained in Attachment A, please contact 
OCBO at (202) 418-0990.

     20.  IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail # 7001 
0320  0002 9702  3682,  Return Receipt  Requested and  First 
Class Mail, to Woodland Communications Corporation, P.O. Box 
970, Montrose, CO 81401.

                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Nikki P. Shears
                              Acting    District   Director, 
Denver Office

Encl.:    Attachment A 


_________________________

     1 47 C.F.R  74.551(a)(2), 74.551(a)(3) and 74.561.

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

     3 47 U.S.C.  503(b).

     4 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...."  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).   
Section 312(f)(2) of  the Act, 47 U.S.C.   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."

     5 47 C.F.R.  74.551(a)(2), 74.551(a)(3) and 74.561.

     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)(2), 74.551(a)(3) and 74.561.

     10 47 C.F.R.  1.80.

     11 See 47 C.F.R.  1.1914.