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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                 
                                     )     File Number: EB-06-LA-086  
     Macerich - Santa Monica Place                                    
                                     )   NAL/Acct. No.: 200632900011  
     Licensee of Station WQCI991                                      
                                     )               FRN: 0011720653  
     Santa Monica, California                                         

                                FORFEITURE ORDER

   Adopted: March  26, 2007 Released:  March 28, 2007

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of three thousand, two hundred dollars ($3,200) to Macerich
       - Santa Monica Place ("Macerich"), licensee of land mobile station
       WQCI991, for willful and repeated violation of Section 1.903(a) of the
       Commission's Rules ("Rules"). On May 31, 2006, the Enforcement
       Bureau's Los Angeles Office issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $4,000 to Macerich after
       determining that Macerich apparently willfully and repeatedly operated
       on 461.0125 MHz, a frequency not authorized by the WQCI991 license in
       Santa Monica, California. In this Order, we consider Macerich's
       arguments that the violation was not willful; that Macerich has a
       history of compliance with the Commission's Rules; and that Macerich
       has since ensured that its operation was in compliance with the Rules.


    2. On February 13, 2006, the Los Angeles Office received an interference
       complaint concerning Macerich's allegedly unauthorized repeater
       station operating on 461.0125 MHz in Santa Monica, California. A
       review of the Commission's databases revealed no authorization for any
       station to operate on 461.0125 MHz in that area.

    3. On March 27, 2006, and April 4, 2006, an agent from the Los Angeles
       Office used mobile direction finding techniques to locate
       radio-repeater transmissions on 461.0125 MHz to the Santa Monica Place
       shopping mall in Santa Monica, California. After locating the repeater
       station on April 4, 2006, the Los Angeles agent interviewed the
       Security Manager for Macerich who stated that the repeater
       transmitting on 461.0125 MHz had been in operation for over a year and
       produced a copy of Macerich's license for WQCI991. The license
       authorized Macerich to operate on other UHF band frequencies but not
       on 461.0125 MHz. The Los Angeles agent informed the Security Manager
       that the current license did not authorize the use of the 461.0125 MHz
       repeater and the Security Manager stated that he would immediately
       stop using that frequency.

    4. On May 31, 2006, the Los Angeles Office issued a NAL in the amount of
       $4,000 to Macerich. In the NAL, the Los Angeles Office found that
       Macerich apparently willfully and repeatedly operated on 461.0125 MHz,
       a frequency not authorized by the WCI991 license. Macerich filed a
       response to the NAL on June 7, 2006 ("Response"). In its Response,
       Macerich argues that it did not willfully violate the Rules, that it
       has a history of compliance with the Commission's Rules, that it took
       steps to ensure that it came into compliance with Rules after the
       inspection by the Los Angeles agent and, consequently, the NAL should
       be cancelled.


    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. In examining
       the 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.

    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. On March 27, 2006, and April
       4, 2006, a Los Angeles agent determined that Macerich was operating
       its land mobile station, WQCI991 on 461.0125 MHz, a frequency not
       authorized by its license.

    7. In its Response, Macerich acknowledges that it operated WQCI991 on
       461.0125 MHz. Macerich states that its prior license KNEN676,
       authorized the use of 461.0125 MHz and Macerich did not realize that
       the frequencies it was authorized to use had been changed.
       Consequently, Macerich states that it had no "willful or malicious
       intents" to violate the Rules or to operate WQCI991 on an unauthorized
       frequency. A licensee is required to operate on the frequency stated
       in its authorization. Section 312(f)(1) of the Act, 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...." While we appreciate that
       Macerich may not have kept track of its FCC applications and
       authorizations, its Security Manager acknowledged to the Los Angeles
       agent that it was operating its station, WQCI991, on 461.0125 MHz, a
       frequency not authorized on the WQCI991 license. Pursuant to Section
       312(f)(1), this action alone is enough to show that Macerich willfully
       violated Section 1.903(a); Macerich's actual intent is irrelevant.
       Consequently, we find that Macerich willfully violated Section
       1.903(a) of the Rules. In any event, Macerich operated on the
       incorrect frequency for more than a year, therefore, its violation was

    8. Macerich also contends that it has never previously had compliance
       issues with the Commission and, consequently, it has a history of
       overall compliance with the Commission's Rules. We have reviewed our
       records and we concur. Consequently, we reduce Macerich's forfeiture
       amount from $4,000 to $3,200.

    9. Macerich also argues that it ensured that its operation of WQCI991
       came into compliance after the inspection by the Los Angeles agent.
       While we appreciate Macerich's efforts, the Commission has
       consistently held that a licensee is expected to correct errors when
       they are brought to the licensee's attention and that such correction
       is not grounds for a downward adjustment in the forfeiture. Therefore,
       we find no merit to this argument.

   10. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Macerich
       willfully and repeatedly violated Section 1.903(a) of the Rules.
       Considering the entire record and the factors listed above, we find
       that reduction of the proposed forfeiture to $3,200 is warranted.


   11.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Macerich - Santa
       Monica Place IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       $3,200 for willfully and repeatedly violating Section 1.903(a) of the

   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. 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. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   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 Macerich -
       Santa Monica Place, at its address of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 1.903(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632900011
   (Enf. Bur., Western Region, Los Angeles Office, released May 31, 2006).

   A previous license, KNEN676, issued to the Santa Monica Place management
   company, SMPL Management, Inc., authorized the use of 461.0125 MHz and
   other frequencies. This license was cancelled, however, on December 7,

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

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S 503(b)(2)(E).

   47 C.F.R. S 1.903(a).

   Dominic DeNaples, 19 FCC Rcd 12303 (EB 2004).

   47 U.S.C. S 312(f)(1)

   See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

   We also note, as the Los Angeles Office did in the NAL, that the KNEN676
   license was cancelled on December 7, 2003. NAL at n.3. The WQCI991 license
   was granted to Macerich on March 16, 2005.

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 1.903(a).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-1436



   Federal Communications Commission DA 07-1436