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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Bravo Mic Communications, LLC File Number EB-07-DV-088
Licensee of Station WMU297 NAL/Acct. No. 200732800011
Las Cruces, New Mexico FRN 0011617263
Facility ID # 63453
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 25, 2007
By the District Director, Denver Office, Western Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Bravo Mic Communications, LLC ("Bravo Mic"), licensee of station
WMU297 in Las Cruces, New Mexico, apparently willfully and repeatedly
violated Sections 1.903(a), 1.947(a), and 74.532(e) of the
Commission's Rules ("Rules") by failing to operate station WMU297, an
aural studio-transmitter-link ("STL"), from its licensed location. We
conclude, pursuant to Section 503(b) of the Communications Act of
1934, as amended ("Act"), that Bravo Mic is apparently liable for a
forfeiture in the amount of four thousand dollars ($4,000).
2. On February 5, 2007, an agent from the Enforcement Bureau's Denver
Office inspected STL transmitters operating from the Bravo Mic studio
at 101 Perkins Drive in Las Cruces, New Mexico ("Perkins Drive
Studio"). The coordinates of the Bravo Mic studio are approximately
32-o 17' 54" north latitude, 106-o 46' 39" west longitude. At the time
of the inspection, station WMU297 was operating from these
coordinates. According to the WMU297 station authorization, its
licensed coordinates are 32-o 18' 26.3" north latitude, 106-o 46'
22.0" west longitude with a physical street address is 525 E Lohman
Drive, in Las Cruces, New Mexico.
3. On February 6, 2007, the agent conducted an inspection of Bravo Mic's
broadcast operations at the Perkins Drive Studio. During the
inspection, the agent informed the Bravo Mic engineer and general
manager of the violations found with the WMU297 station license. The
Bravo Mic engineer stated that the WMU297 STL had been relocated from
the 525 E. Lohman Drive location to the Perkins Drive main studio
location in June of 2006. When the inspection was completed, the agent
reviewed the violations with Bravo Mic representatives. The general
manager acknowledged the licensing errors and stated to the agent that
Bravo Mic would begin the process of correcting the WMU297
authorization accordingly. Later that day, the Denver agent returned
to the Perkins Drive Studio and observed station WMU297 continuing to
transmit on a center frequency of 946.000 MHz.
4. A review of the Commission's databases revealed that a modification
application to change the coordinates and the fixed location address
for station WMU297 was filed on April 10, 2007. An amendment to this
application was filed on July 20, 2007. The modification application
was granted on July 23, 2007.
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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
6. 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. Section 1.947(a) of the Rules
requires that all major modifications as defined in Section 1.929 of
the Rules require prior Commission approval. 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." Section 74.532(e) of the Rules
states that each aural broadcast auxiliary station will be licensed at
a specified transmitter location to communicate with a specified
receiving location, and the direction of the main radiation lobe of
the transmitting antenna will be a term of the station authorization.
At the time of the inspection on February 5, 2007, Bravo Mic was found
operating radio station WMU297 from a location inconsistent with the
station's authorized coordinates and street address. The distance
separating the point of operation from that of the license was greater
than seven-tenths of a mile (approximately 32 seconds of latitude and
approximately 17 seconds of longitude). The licensee's engineer
acknowledged the licensing inaccuracies, noting that station WMU297
had been operating from this location for at least seven months;
therefore, the violation was willful. Station WMU297 was observed
operating from the incorrect location again on February 6, 2007. The
violation occurred for more than one day, therefore it was repeated.
7. Based on the evidence before us, we find that Bravo Mic apparently
willfully and repeatedly violated Sections 1.903(a), 1.947(a), and
74.532(e) of the Rules by failing to operate station WMU297 from its
8. 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 the operation of a station from 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)(E) 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. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Bravo Mic
is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
9. 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, Bravo Mic Communications,
LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of four thousand dollars ($4,000) for violations of
Sections 1.903(a), 1.947(a) and 74.532(e) of the Rules.
10. 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, Bravo Mic Communications,
LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
11. 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.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Denver Office, 215
South Wadsworth Boulevard, Suite 303, Lakewood, Colorado, 80226, and
must include the NAL/Acct. No. referenced in the caption.
13. 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.
14. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director - Financial Operations, Room 1A625, 445
12th Street, S.W., Washington, D.C. 20554.
15. 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 Bravo Mic Communications, LLC, at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
47 C.F.R. S:S: 1.903(a), 1.947(a), and 74.532(e).
47 U.S.C. S: 503(b).
See File No. 0002988228.
Section 312(f)(1) of the Act, 47 U.S.C. S: 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) of the Act, 47 U.S.C. S: 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."
47 C.F.R. S: 1.903(a).
47 C.F.R. S: 1.947(a).
47 C.F.R. S: 1.929(d)(1)(i).
47 C.F.R. S: 74.532(e).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a),
1.947(a) and 74.532(e).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission