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


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

Adopted:  October 18, 2004              Released:  October 20, 
2004
 
By the Assistant Chief, Enforcement Bureau:


I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture in  the  amount of  eight  thousand  dollars 
($8,000)  to Woodland  Communications Corporation  (``Woodland'') 
for  willful and  repeated violations  of Sections  74.551(a)(2), 
74.551(a)(3), and 74.561 of the Commission's Rules  (``Rules'').1  
The  noted  violations  involve  Woodland's  operation  of  radio 
transmitting equipment on  an unauthorized frequency and from  an 
unauthorized location.  

     2.   On April 30,  2003, the  Commission's Denver,  Colorado 
District Office (``Denver  Office'') issued a Notice of  Apparent 
Liability for Forfeiture  (``NAL'') to Woodland for a  forfeiture 
in  the amount  of eight  thousand dollars  ($8,000).2   Woodland 
filed a response to the NAL on May 29, 2003.

II.  BACKGROUND

     3.   On August  1, 2002,  a  Denver Office  agent  inspected 
broadcast stations  KUBC (AM) and KKXK  (FM) and determined  that 
the  STL  transmitter  used by  KUBC-AM,  call  sign  WMF732  was 
operating on an  unauthorized frequency and from an  unauthorized 
location.   The  Denver  Office  agent  verified  that  the   STL 
transmitter was  operating on the  frequency 948.873 MHz  instead 
of  on the  authorized  frequency of  951.000 MHz.  Further,  the 
studio  and the STL  transmitter were located  at 106 Rose  Lane, 
Montrose Colorado instead  of at the authorized location of  2018 
South Townsend, Montrose, Colorado.  

     4.   On April 30, 2003, the Denver Office issued the subject 
NAL  to  Woodland  for  operating  the  STL  transmitter  on   an 
unauthorized  frequency and from  an unauthorized location.   The 
NAL  found that Woodland  did not promptly  change the  operating 
frequency to the authorized frequency, and that Woodland did  not 
promptly file an application to change the transmitter  location. 
Woodland filed  a response to  the NAL on May  29, 2003.  In  its 
response,  Woodland  disputed the  claim  that it  did  not  take 
immediate  action to  come into  compliance with  the noted  Rule 
violations.    Woodland   claimed  that   it   was   delayed   by 
circumstances  beyond its  control, and  that the  NAL should  be 
cancelled because Woodland  took action to come into  compliance.  
In  the  alternative,  Woodland  requested  a  reduction  of  the 
forfeiture amount  because it imposes an  economic burden on  the 
licensee.  Woodland  enclosed its tax returns  from 2001 to  2003 
in support of its economic burden claim.

III.      DISCUSSION

     5.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended, (``Act''),3 Section 1.80 of the  Rules,4 
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  Woodland'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 such other matters as justice may require.5 

     6.   Section  74.551(a)(2)  of  the  Rules  requires   prior 
Commission  approval  for  a change  in  operating  frequency  or 
channel bandwidth.6  In its response,  Woodland conceded that  it 
did  not file an  application to change  the operating  frequency 
for  the  STL  transmitter  prior  to  the  agent's   inspection.  
Therefore,  we  find that  Woodland  willfully7  and  repeatedly8 
violated Section 74.551(a)(2) of the Rules.  

     7.   Section 74.561  of the  Rules  requires a  licensee  to 
maintain  the  operating  frequency  of  the  transmitter  within 
0.005% of the assigned frequency.9  According to the NAL, at  the 
time of  the inspection WMF732 was  transmitting on 948.873  MHz, 
more than  0.22% from the assigned  frequency of 951.000 MHz.  In 
its response, Woodland  did not dispute that it was operating  on 
the  incorrect frequency.   Accordingly,  we find  that  Woodland 
willfully and repeatedly violated Section 74.561 of the Rules.  

     8.   Section  74.551(a)(3)  of  the  Rules  requires   prior 
Commission  approval  for  a  change  in  the  location  of   the 
transmitter  or transmitting  antenna, unless  relocation of  the 
transmitter occurs within  the same building.10 In its  response, 
Woodland concedes that  it did not seek Commission approval  when 
it changed the  location of the transmitter.  Therefore, we  find 
that   Woodland  willfully   and  repeatedly   violated   Section 
74.551(a)(3) of the Rules.  

     9.   The  NAL  found  that  Woodland  failed  to  come  into 
compliance  with the  noted sections  of the  rules in  a  timely 
fashion.   In  response, Woodland  claimed  that  it  immediately 
ordered new equipment to operate on the authorized frequency  and 
promptly filed an  application to change the authorized site  for 
WMF732,  but was  delayed by  circumstances beyond  its  control.  
Woodland  requested cancellation  of the  NAL based  on its  post 
investigation attempts  to come into compliance.  The  Commission 
has  been  clear  that "corrective  action  taken  to  come  into 
compliance with Commission rules or policy is expected, and  does 
not nullify or  mitigate any prior forfeitures or  violations."11 
Any  effort made  by Woodland  to come  into compliance,  whether 
immediate  or  delayed by  extenuating  circumstances,  does  not 
negate  its  willful  and  repeated  violations  of  the   Rules. 
Therefore,  we conclude  that Woodland's  effort to  correct  the 
violations after they were discovered by the Commission agent  is 
not  a mitigating factor  and the forfeiture  amount will not  be 
cancelled or reduced on this basis.

     10.  Further,  Woodland   requested  a   reduction  in   the 
forfeiture amount because it imposes an economic hardship on  the 
licensee. We  will interpret this to be  a claim of inability  to 
pay.   To assess  a claim  of inability  to pay,  the  Commission 
reviews a  claimant's gross revenues to  determine if it is  able 
to  pay the  assessed  forfeiture.12 We  reviewed  the  financial 
information  submitted by  Woodland  and find  that it  does  not 
provide a basis for cancellation or reduction. The forfeiture  is 
a  very  small  percentage  of  Woodland's  gross  revenues,  and 
therefore does not warrant reduction.13

     IV.  ORDERING CLAUSES
     11.       Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  503(b)  of  the  Act,  and  Sections  0.111,  0.311  and 
1.80(f)(4) of the  Rules,14 Woodland Radio, Inc. IS LIABLE FOR  A 
MONETARY  FORFEITURE in  the  amount of  eight  thousand  dollars 
($8,000)  for its  willful  and repeated  violation  of  Sections 
74.551(a)(2), 74.551(a)(3), and 74.561 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  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.   
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 via  First Class Mail  and Certified Mail,  Return 
Receipt Requested,  to Woodland Radio,  Inc., 1275 First  Avenue, 
No. 125, New York, New York, 10021.

                              FEDERAL COMMUNICATIONS COMMISSION
                    

                              George R. Dillon
                              Assistant Chief, Enforcement Bureau

  - Unhandled Picture -  



_________________________

1 47 C.F.R.  74.103(c).
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332800012 (Enf. Bur., Denver Office, released April 30, 2003).
3  47 U.S.C.  503(b).
4  47 C.F.R.  1.80.
5  47 U.S.C.  503(b)(2)(D).
6 47 C.F.R.  74.551(a)(2).
7 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 ....''  Southern  California Broadcasting Co., 6  FCC 
Rcd 4387 (1991). 
8 As provided by 47 U.S.C.  312(f)(2), a continuous violation is 
``repeated'' if  it  continues  for  more  than  one  day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn. 56 (2003).
9 47 C.F.R.  74.561
10 47 C.F.R.  74.551(a)(3)
11 Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994)
12 See Forfeiture Policy Statement,  12 FCC Rcd 17087, 17106-  07 
(1997), recon. denied, 15 FCC Rcd 303 (1999)

13 See  Alpha Ambulance,  Inc.,  19 FCC  Rcd 2547,  2548  (2004), 
citing  PJB  Communications,   7  FCC  Rcd   2088,  2089   (1992) 
(forfeiture   not   deemed   excessive   where   it   represented 
approximately 2.02  percent of  the violator's  gross  revenues); 
Local Long  Distance,  Inc.,  16  FCC  Rcd  10023,  10025  (2001) 
(forfeiture   not   deemed   excessive   where   it   represented 
approximately 7.9 percent of the violator's gross revenues).   In 
this case, the $8,000 proposed forfeiture constitutes less than 1 
percent of Woodland's average gross revenues for 2000-2002, which 
is a significantly  lower percentage  of gross  revenues than  in 
both Alpha Ambulance, and Local Long Distance, Inc.

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.