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

                        FORFEITURE ORDER 

Adopted:  January 30, 2003              Released:   February   3, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary forfeiture in the amount of nine thousand six  hundred 
  dollars  ($9,600) to  AGM-Nevada,  LLC (``AGM''),  licensee  of 
  booster station KYLZ-FM1, and former licensee of aural  studio-
  to-transmitter  link (``STL'')  stations WMV815  and WMW873  in 
  Albuquerque, New  Mexico,1 for willful  and repeated  violation 
  of Section 74.551(a)(3)  of the Commission's Rules  (``Rules'') 
  and  willful violation  of Section  74.1235(e) of  the  Rules.2  
  The  noted violations  involve AGM's  operation of  WMV815  and 
  WMW873 from  an unauthorized  location and  AGM's operation  of 
  KYLZ-FM1  in  excess of  authorized  transmitter  power  output 
  (``TPO'') limits.  

2.        On June  28, 2002,  the Commission's  Denver,  Colorado 
  Field Office  (``Denver Office'') issued  a Notice of  Apparent 
  Liability for Forfeiture  (``NAL'') to AGM for a forfeiture  in 
  the amount of twelve thousand dollars ($12,000).3  AGM filed  a 
  response to the NAL on July 25, 2002.4

                         II.  BACKGROUND

3.        On  March  26,  2001,  the  Denver  Office  received  a 
  complaint  alleging that  AGM's booster  stations KLVO-FM1  and 
  KYLZ-FM1   in  Albuquerque   were  causing   adjacent   channel 
  interference to two FM stations licensed to Albuquerque.  

4.        On April  17, 2001,  an agent  from the  Denver  Office 
  inspected KLVO-FM  and its booster  station KLVO-FM1 and  KYLZ-
  FM1.  The  agent did  not observe any  interference from  these 
  stations at  the time  of the inspection.   However, the  agent 
  found that  KYLZ-FM1 was operating  with excessive TPO.   KYLZ-
  FM1 is  authorized to operate  with a TPO  of 1,800 watts.   At 
  the time of the inspection, the calculated TPO was 2,280  watts 
  or 127% of the  authorized TPO.  The agent also found that  the 
  two STL  stations, WMV815  and WMW873, were  operating from  an 
  unauthorized  location.  The  licenses  for WMV815  and  WMW873 
  both specified  a transmitter address of  300 San Mateo  Avenue 
  in  Albuquerque.   At  the time  of  the  inspection,  the  STL 
  transmitters   were  located   at  4125   Carlisle  Street   in 
  Albuquerque.  According to  an AGM employee, AGM relocated  its 
  main  studio   for  KYLZ-FM  and  KLVO-FM   and  the  two   STL 
  transmitters from 300 San Mateo Avenue to 4125 Carlisle  Street 
  in approximately December 1998.

5.        On June 27, 2002,  the Denver Office  issued an NAL  to 
  AGM for  a $12,000 forfeiture for  operating WMV815 and  WMW873 
  from unauthorized locations  in willful and repeated  violation 
  of Section 74.551(a)(3) of the Rules and operating KYLZ-FM1  in 
  excess  of  authorized  TPO  limits  in  willful  violation  of 
  Section 74.1235(e) of the  Rules.  In its response to the  NAL, 
  AGM does  not dispute that it  violated these rules.   However, 
  AGM  requests  cancellation  or  reduction  of  the  forfeiture 
  proposed in  the NAL.  AGM asserts that  it was aware that  the 
  STL stations were not in compliance with the rules and that  it 
  was  in the  process of  correcting the  violations of  Section 
  74.551(a)(3) at the time of the April 17, 2001 inspection.   In 
  this  regard,  AGM  states  that  it  sought  and  received   a 
  frequency  coordination authorization,  dated March  22,  2001, 
  from the  New Mexico Radio  Broadcasters frequency  coordinator 
  and that  it was preparing FCC  Forms 601 for  a number of  its 
  STL  facilities operating  in the  Albuquerque area  reflecting 
  the  results of  the coordination  report at  the time  of  the 
  inspection.  AGM further states  that on May 1, 2001, it  filed 
  applications for new  STL stations for KYLZ-FM and KLVO-FM  and 
  commenced  initial  operations  with  facilities  specified  in 
  these applications  under the  authority set  forth in  Section 
  74.24  of  the Rules.5   The  Commission  staff  granted  these 
  applications on July 13, 2001.6  AGM also asserts that the  STL 
  station violations  were minor because  they involved only  the 
  transmit  point  address, that  there  were  no  complaints  of 
  interference  regarding the  STL station  operations, and  that 
  there is no showing that the public interest was harmed by  the 
  shift in the transmit point.  In addition, AGM argues that  the 
  violation of  Section 74.1235(e)  by KYLZ-FM1  was an  isolated 
  incident and  that the  station caused  no interference  during 
  the brief period  of the violation.  Finally, AGM asserts  that 
  it has  an overall record of  compliance with the  Commission's 
  rules.

                      III.      DISCUSSION

6.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),7 Section 1.80 of the Rules,8  and 
  The Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC  Rcd 
  303  (1999)   (``Policy  Statement'').    In  examining   AGM's 
  response,  Section  503(b)   of  the  Act  requires  that   the 
  Commission take into account the nature, circumstances,  extent 
  and  gravity  of  the  violation  and,  with  respect  to   the 
  violator,  the degree  of  culpability, any  history  of  prior 
  offenses, ability  to pay,  and other such  matters as  justice 
  may require.9

7.         Section 74.551(a)(3) of the Rules provides that  prior 
  Commission approval  is required for a  change in the  location 
  of  a transmitter  or transmitting  antenna  for an  aural  STL 
  station,  except when  the  relocation of  the  transmitter  is 
  within  the  same  building.  AGM  does  not  dispute  that  it 
  relocated  the   STL  transmitters  without  prior   Commission 
  authorization  and  operated  the  STL  transmitters  from   an 
  unauthorized   location.   Accordingly,   we  find   that   AGM 
  willfully10 and  repeatedly11 violated Section 74.551(a)(3)  of 
  the Rules.  

8.        AGM asserts that  it was in  the process of  correcting 
  the  violations of  Section 74.551(a)(3)  at  the time  of  the 
  April 17, 2001 inspection.  However, AGM offers no  explanation 
  as  to  why  it did  not  seek  prior  Commission  approval  to 
  relocate  the STL  transmitters  or  why it  operated  the  STL 
  transmitters  for  more  than  two  years  at  an  unauthorized 
  location before taking corrective action.  Moreover, while  AGM 
  apparently did seek  frequency coordination for the STLs  prior 
  to the  inspection, it  did not  file appropriate  applications 
  with the  Commission until  after the  inspection.12  AGM  does 
  not  explain   why  it  did  not   bring  the  matter  to   the 
  Commission's attention  or request special temporary  authority 
  to operate  the STL transmitters from  the new location at  the 
  same  time  it began  seeking  frequency  coordination.   Under 
  these circumstances,  we do not believe  that any reduction  of 
  the forfeitures proposed for these violations on this basis  is 
  warranted.  We also do not believe that AGM's operation of  the 
  STL  stations at  an unauthorized  location for  more than  two 
  years  are ``minor''  violations, warranting  reduction of  the 
  forfeiture  amount.  Further,  the absence  of interference  or 
  any showing  of harm to  the public interest  does not  entitle 
  AGM  to a  reduction  of  the proposed  forfeitures  under  the 
  Commission's downward adjustment criteria for forfeitures.13  

9.        Section  74.1235(e)  of  the  Rules  provides  that  FM 
  booster stations  may not be operated with  a TPO in excess  of 
  105%  of  the  authorized  TPO.   KYLZ-FM1  was  authorized  to 
  operate with a TPO  of 1,800 watts.  AGM does not dispute  that 
  at the  time of the inspection,  KYLZ-FM1 was operating with  a 
  TPO  of 2,280  watts,  which is  127%  of the  authorized  TPO.  
  Accordingly, we  conclude that AGM  willfully violated  Section 
  74.1235(e)  of the  Rules.   As  noted above,  the  absence  of 
  interference  does  not  entitle AGM  to  a  reduction  of  the 
  forfeiture  amount  proposed  for  this  violation  under   the 
  downward  adjustment criteria.   Moreover,  Section  74.1235(e) 
  provides  FM booster  stations some  leeway, allowing  them  to 
  operate with  a TPO of up  to 105% of  the authorized TPO.   In 
  this case, however, the station was operating with a TPO  which 
  was   substantially   in  excess   of   the   authorized   TPO.  
  Nevertheless,  after  considering  AGM's  history  of   overall 
  compliance with  the Commission's  rules, we  reduce the  total 
  forfeiture amount proposed  in the NAL for AGM's violations  of 
  Sections 74.551(a)(3) and 74.1235(e) from $12,000 to $9,600.

10.       We have examined AGM's response to the NAL pursuant  to 
  the  statutory  factors above,  and  in  conjunction  with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude  that AGM  willfully and  repeatedly violated  Section 
  74.551(a)(3)  of  the  Rules  and  willfully  violated  Section 
  74.1235(e) of the Rules, but we reduce the forfeiture  proposed 
  for these violations from $12,000 to $9,600.  

                      IV.  ORDERING CLAUSES

11.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the  Rules,14  AGM-Nevada,   LLC  IS  LIABLE  FOR  A   MONETARY 
  FORFEITURE in the  amount of nine thousand six hundred  dollars 
  ($9,600)  for  willful   and  repeated  violation  of   Section 
  74.551(a)(3)  of the  Rules and  willful violation  of  Section 
  74.1235(e) of the Rules.

12.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of  the Act.15  Payment may be  made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should reference  NAL/Acct. No.  200232800012 and  FRN 
  0005-7738-90.  Requests for  full payment under an  installment 
  plan  should  be  sent  to:   Chief,  Revenue  and  Receivables 
  Operations  Group,  445 12th  Street,  S.W.,  Washington,  D.C. 
  20554.16

13.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first class mail and certified mail, return  receipt 
  requested,  to AGM-Nevada,  LLC,  P.O. Box  2700,  Bakersfield, 
  California  93303, and  to its  counsel, John  S. Neely,  Esq., 
  Miller & Miller, P.C., P.O. Box 33003, Washington, D.C. 20033.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 An aural STL station is a fixed station for the  transmission 
of aural program material between the studio and the  transmitter 
of a broadcasting station.   See 47 C.F.R.   74.501(a).  At  the 
time of the violations, WMV815  and WMW873 were STLs for  KYLZ-FM 
and KLVO-FM, respectively, which are both licensed to AGM.

  2 47 C.F.R.  74.551(a)(3) and 74.1235(e).  

  3 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232800012 (Enf. Bur., Denver Office, released June 28, 2002). 

  4   AGM's  pleading   was  captioned   as  a   ``petition   for 
reconsideration,'' rather than a response to the NAL.  Consistent 
with Section 1.80(f)(3) of the Rules, 47 C.F.R.  1.80(f)(3),  we 
will treat this pleading as a response to the NAL.  

  5 Section  74.24 of the  Rules provides that  certain types  of 
broadcast auxiliary stations, including  aural STL stations,  may 
be operated on a short-term basis under the authority conveyed by 
a  Part  73  license  without  prior  Commission   authorization, 
provided that certain conditions are met.  47 C.F.R.  74.24.

  6 File Nos. 0000445207 and 0000444921.

  7 47 U.S.C.  503(b).

  8 47 C.F.R.  1.80.

  9 47 U.S.C.  503(b)(2)(D).

  10 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,' 
... 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).

  11 Section 312(f)(2) of  the Act, 47 U.S.C.  312(f)(2),  which 
also applies to forfeitures  assessed pursuant to Section  503(b) 
of the Act, provides that ``[t]he term `repeated,' ... means  the 
commission or omission  of such act  more than once  or, if  such 
commission or omission is continuous, for more than one day.''  

  12 The  Commission has  stated that remedial  actions taken  to 
correct  a  violation,  while  commendable,  are  not  mitigating 
factors warranting reduction of a forfeiture.  See Station  KGVL, 
Inc., 42 FCC 2d 258, 259 (1973).

  13 Policy Statement, 12 FCC Rcd at 17113; 47 C.F.R.   1.80(b), 
Note to  paragraph  b(4):  Section  II.-Adjustment  Criteria  for 
Section 503 Forfeitures.  See also Dickenson County  Broadcasting 
Corporation, 68 FCC 2d 1510 (1977) and Page-Comm, 16 FCC Rcd 6842 
(Enf. Bur., 2001) (both finding  that an absence of  interference 
is not a mitigating factor warranting reduction of a forfeiture).

  14 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  15 47 U.S.C.  504(a).

  16 See 47 C.F.R.  1.1914.