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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                               
                                                                  
                                  )                               
     In the Matter of                                             
                                  )                               
     Carlsbad Radio, Inc.               File Number EB-07-DV-110  
                                  )                               
     Licensee of Station WGW926       NAL/Acct. No. 200732800010  
                                  )                               
     Carlsbad, New Mexico                         FRN 0001612712  
                                  )                               
     Facility ID # 54514                                          
                                  )                               
                                                                  
                                  )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: September 25, 2007

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Carlsbad Radio, Inc. ("Carlsbad Radio"), licensee of station
       WGW926 in Carlsbad, 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 WGW926, 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 Carlsbad Radio is apparently liable for
       a forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On February 7, 2007, an agent from the Enforcement Bureau's Denver
       Office inspected STL transmitters operating from the Carlsbad Radio
       studio at 1609 Radio Boulevard in Carlsbad, New Mexico ("Radio
       Boulevard Studio"). The coordinates of the Radio Boulevard studios are
       approximately 32-o 23' 43" north latitude, 104-o 14' 48" west
       longitude. At the time of the inspection, station WGW926 was operating
       from these coordinates. According to the WGW926 station authorization,
       its licensed coordinates are 32-o 25' 41.4" north latitude, 104-o 13'
       26.8" west longitude with a physical street address of 714 North
       Canyon, in Carlsbad, New Mexico.

    3. During the Radio Boulevard Studio inspection, the agent informed the
       Carlsbad Radio stations' engineer of the violations found with the
       WGW926 station license. The Carlsbad Radio engineer stated that the
       WGW926 STL had been relocated from the 714 North Canyon studio
       location to the Radio Boulevard Studio more than a year prior to the
       inspection. When the inspections were completed, the agent reviewed
       the violations with Carlsbad Radio representatives. The station
       engineer acknowledged the licensing errors and stated to the agent
       that, after being informed of the STL licensing violations that
       afternoon, Carlsbad Radio would begin the process to correct the
       authorization accordingly.

    4. On February 8, 2007, the agent returned to the Radio Boulevard Studio
       and observed station WGW926 continuing to transmit on a center
       frequency of 951.5000 MHz.

    5. On September 10, 2007, a review of the Commission's databases
       reflected neither a change in the coordinates nor a change in the
       fixed location address for station WGW926. Additionally, there were no
       applications pending in the system for modifications to correct the
       licensing errors the agent communicated to Carlsbad Radio's chief
       engineer.

   III. DISCUSSION

    6. 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.

    7. 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 7, 2007, Carlsbad Radio was
       found operating radio station WGW926 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 2.5 miles (specifically, approximately 118 seconds of latitude
       and approximately 81 seconds of longitude). The licensee's engineer
       acknowledged the licensing inaccuracies, noting that station WGW926
       had been operating from this location for over a year; therefore, the
       violation was willful. Station WGW926 was observed operating from the
       incorrect location on February 7 and 8, 2007. The violation occurred
       for more than one day, therefore it was repeated.

    8. Based on the evidence before us, we find that Carlsbad Radio
       apparently willfully and repeatedly violated Sections 1.903(a),
       1.947(a), and 74.532(e) of the Rules by failing to operate station
       WGW926 from its licensed location.

    9. 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 Carlsbad
       Radio  is apparently liable for a $4,000 forfeiture.

   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,
       0.314 and 1.80 of the Commission's Rules, Carlsbad Radio, Inc., 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.

   11. 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, Carlsbad Radio, Inc.,
       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 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.

   13. 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.

   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 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.

   16. 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 Carlsbad Radio, Inc., at its address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S:S: 1.903(a), 1.947(a), and 74.532(e).

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

   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.
   S:1.80.

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission