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

In the Matter of                 )
                                 )
Venture Technologies Group, LLC  )       File Number: EB-03-LA-178
                                 )
Licensee of Stations WPNJ965,    )      NAL/Acct. No. 200432900007
WPTM693, WPTC301 & WNTR571       )                  FRN 0001530062
Los Angeles, California          )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  September 
                                                          3, 2004

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Venture Technologies Group, LLC, 
 ("Venture") licensee of microwave stations WPNJ965, WPTM693, 
 WPTC301 and WNTR571 in Los Angeles, California, apparently 
 willfully and repeatedly violated Sections 1.947 and 1.903(a) 
 the Commission's Rules1 by constructing and operating four 
 studio-to-transmitter link (STL) microwave radio stations from 
 an unauthorized location.   We conclude, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended ("Act"),2 
 that Venture is apparently liable for a forfeiture in the 
 amount of sixteen thousand dollars ($16,000).  

II.  BACKGROUND

      2.  On February 25, 2004, a field agent from the 
 Commission's Los Angeles office inspected the microwave STL 
 stations at Venture's studio located at 5757 Wilshire 
 Boulevard, Los Angeles, California.  Venture had five stations 
 with transmitters installed at this location.  However, the 
 licenses for four of the stations showed the transmitter 
 location as 6611 Santa Monica Boulevard, Los Angeles, 
 California.  The field agent observed that two of these four 
 transmitters were in operation.  On the day of the inspection, 
 the field agent brought this issue to the attention of the 
 vice-president and general counsel of Venture.  This executive 
 acknowledged the error and indicated to the field agent that 
 the Santa Monica Boulevard address was the previous site of 
 Venture's studio location and that all operations had moved to 
 the 5757 Wilshire Boulevard address approximately two years 
 earlier.  The distance from Venture's licensed site for the 
 four transmitters in question to the unlicensed site is 
 approximately two miles.3  

III.      DISCUSSION

      3.  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.4  The term 
 "repeated" means the commission or omission of such act more 
 than once or for more than one day.5  

      4.  Section 1.903(a) of the Rules requires that stations in 
 the Wireless Radio Services must be used and operated only in 
 accordance with the Rules applicable to their particular 
 service and with a valid authorization granted by the 
 Commission.6  Section 1.947 of the Rules requires that all 
 major modifications as defined in Section 1.929 of the Rules 
 require prior Commission approval.7  Section 1.929(d)(1)(i) of 
 the Rules defines one of the major actions as "any change in 
 transmit antenna location by more than 5 seconds in latitude or 
 longitude for fixed point-to-point facilities."8  At the time 
 of an investigation by a Los Angeles Office field agent, STL 
 microwave radio stations WPNJ965, WPTM693, WPTC301 and WNTR571 
 were licensed to operate from 6611 Santa Monica Boulevard, Los 
 Angeles, California.9  The investigation revealed that all four 
 of the stations had been relocated over two miles (103 seconds 
 of latitude and 68 seconds of longitude), without Commission 
 approval, to 5757 Wilshire Boulevard, Los Angeles, California.  
 The executive for the licensee acknowledged that the 
 transmitters had been moved approximately two years earlier, 
 and that the transmitters' licenses did not reflect their 
 current location, therefore, the violation was willful.  The 
 violation occurred for more than one day, therefore, it was 
 repeated.  

      5.  Based on the evidence before us, we find that Venture 
 willfully and repeatedly violated Sections 1.947 and 1.903(a) 
 of the Rules by failing to obtain Commission approval prior to 
 relocating and operating microwave STL stations WPNJ965, 
 WPTM693, WPTC301 and WNTR571.  

      6.  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 for each incident of construction or operation of a 
 station from an unauthorized location is $4,000.10  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.11  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, a $16,000 
 forfeiture is warranted.

IV.  ORDERING CLAUSES

      7.  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, 
 Venture Technologies Group. LLC is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of sixteen 
 thousand dollars ($16,000) for violations of Section 1.903(a) 
 of the Rules.12  

      8.  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, Venture 
 Technologies Group, LLC shall pay the full amount of the 
 proposed forfeiture or shall file a written statement seeking 
 reduction or cancellation of the proposed forfeiture.  

      9.  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 Forfeiture Collection Section, 
 Finance Branch, 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, IL 60661.   Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259. 

      10.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles Office, 18000 Studebaker RD., Suite 660, Cerritos, 
 CA, 90703 and must include the NAL/Acct. No. referenced in the 
 caption.  

      11.      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.  

      12.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.13  

      13.      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 address listed above for 
 the filing of the response.  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 questions regarding any of the information contained in 
 Attachment A, please contact OCBO at (202) 418-0990.  

      14.                     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 Venture Technologies Group, LLC, 5670 Wilshire Blvd., 
 Suite 1300, Los Angeles, CA  90036.  


                              


                              FEDERAL COMMUNICATIONS COMMISSION




                              Catherine Deaton
                              District Director, 
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau


Enclosure:  FCC List of Small Entities

_________________________

147 U.S.C.  1.947, 1.903(a).  
247 U.S.C.  503(b).  
3The coordinates for the licensed site, 6611 Santa Monica 
Boulevard, Los Angeles, California, are 3405'28'' north latitude 
and 11820'01'' west longitude.  The coordinates for the 
unlicensed site, 5757 Wilshire Boulevard, Los Angeles, 
California, are 3403'45'' north latitude and 11821' 9'' west 
longitude.  The distance between the two sites is 103 seconds of 
latitude and 68 seconds of longitude. 
4Section 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).  
5Section 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."  
647 C.F.R.  1.903(a).  
747 C.F.R.  1.947.  
847 C.F.R.  1.929(d)(1)(i).  
9On March 18, 2004, Venture filed applications to modify the 
licenses, but these applications were either dismissed or 
withdrawn.  See File Nos. 0001662112, 0001662067, 0001662147, 
which were dismissed, and File No. 0001662142, which was 
withdrawn.  Between July 13, 2004 and August 2, 2004, Venture 
also filed applications to modify its transmitters' licenses.  
See File Nos. 0001824879, 0001824916, 0001804748, 0001825455.  
Application File Nos. 0001824879 and 0001824916 were granted on 
August 27, 2004.  Venture's corrective actions, after its two-
year violation was brought to its attention by a Commission field 
agent, do not mitigate its liability.  See AT&T Wireless 
Services, Inc., 17 FCC Rcd 21866 (2002).  
1012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.  
1147 U.S.C.  503(b)(2)(D).  
1247 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a)
13 See 47 C.F.R.  1.1914