Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Larson-Wynn, Inc. ) File Number: EB-06-PO-145
Licensee of Station KODL(AM) ) NAL/Acct. No.: 200732920001
The Dalles, Oregon ) FRN: 0003780053
Facility ID # 36629 )
Adopted: September 7, 2007 Released: September 11, 2007
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of two thousand dollars ($2,000) to Larson-Wynn, Inc.
("Larson-Wynn"), licensee of broadcast station KODL(AM), in The
Dalles, Oregon, for willfully and repeatedly violating Section
73.1350(a) of the Commission's Rules ("Rules"). On February 21, 2007,
the Enforcement Bureau's Portland Resident Agent Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$4,000 to Larson-Wynn for operating station KODL(AM) at an
unauthorized location. In this Order, we consider Larson-Wynn's
argument that the forfeiture amount should be cancelled because of
Larson-Wynn's good faith efforts to comply with the Commission's
2. On October 27, 2006, in response to a complaint, an agent from the
Enforcement Bureau's Portland Resident Agent Office ("Portland
Office") monitored KODL(AM)'s signal on frequency 1440 kHz in The
Dalles, Oregon. Using radio direction finding equipment, the agent
traced the source of KODL(AM)'s broadcast signal to a horizontal
antenna located at 1709 Cherry Heights Road, The Dalles, Oregon. Later
that day, the Portland agent interviewed Al Wynn, a representative of
Larson-Wynn. Wynn admitted that he had been operating the station from
his residence, 1709 Cherry Heights Road, The Dalles, Oregon, with
special temporary authority ("STA") which had expired on February 25,
2004. Wynn provided documents to the Portland agent indicating that
after the KODL(AM) STA expired on February 25, 2004, he submitted an
extension request, dated August 31, 2004, to the Commission. On
September 22, 2004, the FCC returned the request for failure to file
the appropriate fee.
3. According to KODL(AM)'s license, the authorized location for the
KODL(AM) transmitter is 45-o 35' 31'' north latitude, 121-o 11' 57''
west longitude. The Portland agent's inspection revealed that the
coordinates of the current location of the KODL(AM)'s transmitter at
1709 Cherry Heights Road, The Dalles, Oregon, are approximately 45DEG
35'10" north latitude and 121DEG 12' 25" west longitude, more than
one-half mile from the station's authorized location. A review of
Commission records reveals that Larson-Wynn's most recent STA for
KODL(AM) expired on February 25, 2004. According to Commission
records, at that time, there was no pending request for STA for
KODL(AM), and no pending modification application.
4. On February 21, 2007, the Portland Office issued a NAL in the amount
of $4,000 to Larson-Wynn, finding that Larson-Wynn apparently
willfully and repeatedly operated station KODL(AM) at an unauthorized
location. Larson-Wynn filed a response ("Response") on March 27, 2007,
arguing that the proposed forfeiture should be cancelled based on
Larson-Wynn's good faith efforts to comply with the Rules.
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 ("Forfeiture
Policy Statement"). In examining Larson-Wynn'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
6. Section 73.1350(a) of the Commission's rules states "[e]ach licensee
is responsible for maintaining and operating its broadcast station in
a manner which complies with the technical rules set forth elsewhere
in this part and in accordance with the terms of the station
authorization." On October 27, 2006, the Portland Office agent
observed that KODL(AM) was transmitting from a location that was not
authorized in the KODL(AM) license. The licensee of KODL(AM) provided
documents to the agent indicating that after the KODL(AM) STA expired
on February 25, 2004, the licensee submitted an extension request,
dated August 31, 2004, to the FCC. On September 22, 2004, the FCC
returned the extension request for failure to file the appropriate
7. In its Response, Larson-Wynn acknowledges that its August 31, 2004,
STA extension request was returned by the Commission. However,
Larson-Wynn states that on September 27, 2004, it resubmitted the
application along with a check in the amount of the required
application fee, and that the check was accepted by the Commission.
Larson-Wynn produces a copy of the cancelled check as proof.
Consequently, Larson-Wynn argues that it has a STA extension request
pending with the Commission and, therefore, it is not willfully
failing to comply with the terms of the KODL(AM) license. Larson-Wynn
notes that KODL(AM) continues to operate today from the location
stated on its STA extension request. Larson-Wynn states that since the
Commission "continues to deny knowledge of [its] application for STA,"
it would submit a new application for STA to the Commission.
8. Reductions based on good faith efforts to comply generally involve
situations where violators demonstrate that they initiated measures to
correct or remedy violations prior to a Commission inspection or
investigation. We have reviewed our records and we concur with
Larson-Wynn that its September 27, 2004, payment was received on
October 4, 2004, and deposited by the Commission. Consequently, we
find that Larson-Wynn's efforts to secure an STA extension request
justify a good faith reduction of the proposed forfeiture amount and
we reduce the proposed forfeiture from $4,000 to $2,000. We decline,
however, to cancel the forfeiture.
9. According to Section 73.1635(a)(4) of the Rules, an STA "may be
granted for an initial period not to exceed 180 days. A limited number
of extensions of such authorizations may be granted for additional
periods not exceeding 180 days per extension." The mere filing of an
application for an STA or an application for an extension does not
grant the applicant a variance on its authority for an unlimited
period of time. Pursuant to the clear reading of Section 73.1635(a)(4)
of the Rules, assuming the STA extension request was filed on
September 27, 2004, and had been granted, the STA would have afforded
Larson-Wynn only an additional 180 days, from September 27, 2004, to
operate KODL(AM) from the location not currently listed on the
KODL(AM) license. It would not have afforded Larson-Wynn an unlimited
amount of time to operate from that location, which, at this point, is
now almost three years from the purported filing of the STA extension
request. As Larson-Wynn is currently operating KODL(AM) at a location
not listed on its authorization, and without a current STA to operate
from its current location, Larson-Wynn's operation of KODL(AM)
continues to violates Section 73.1350(a) of the Rules.
10. Additionally, we note that the Commission has no record of the
associated STA application. Even assuming that Larson-Wynn did file
the associated application, it made no effort to follow-up or notify
the Commission that it did not receive Larson-Wynn's requested
extension even after its check was deposited by the Commission.
Larson-Wynn states in its Response that it is submitting a new
application for a STA for KODL(AM), however, the Commission databases
show no record, to date, of that application.
11. Based on the information before us, having examined it according to
the statutory factors above, and in conjunction with the Forfeiture
Policy Statement, we find that reduction of the proposed forfeiture
from $4,000 to $2,000 is warranted.
IV. ORDERING CLAUSES
12. 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, Larson-Wynn, Inc., IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully
and repeatedly violating Section 73.1350(a) of the Rules.
13. 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.
14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Larson-Wynn,
Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
47 C.F.R. S: 73.1350(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732920001
(Enf. Bur., Western Region, Portland Resident Agent, released February 21,
On October 27, 2006, the agent inspected KODL(AM)'s authorized antenna
site, observed that KODL(AM)'s authorized antennas were dismantled, and
found only an empty field with a sign saying "Future Home of First
File No. BSTA-20030811AHL, granted August 25, 2003.
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: 73.1350(a).
See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon.
denied, 18 FCC Rcd 25481 (2003).
47 C.F.R. S: 73.1635(a)(4).
Any STA application filed after the Portland agent's inspection would not
be a basis to reduce the proposed forfeiture amount. 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. AT&T Wireless
Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.1350(a).
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 07-3869
Federal Communications Commission DA 07-3869