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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number EB-07-DV-110
Carlsbad Radio, Inc.
) NAL/Acct. No. 200732800010
Licensee of Station WGW926
) FRN 0001612712
Carlsbad, New Mexico
Adopted: March 19, 2008 Released: March 21, 2008
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 Carlsbad
Radio, Inc. ("Carlsbad Radio"), licensee of station WGW926 in
Carlsbad, New Mexico, for willful and repeated violation of Sections
1.903(a), 1.947(a), and 74.532(e) of the Commission's Rules
("Rules"). On September 25, 2007, the Enforcement Bureau's Denver
Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in
the amount of $4,000 to Carlsbad Radio for failing to operate station
WGW926, an aural studio-transmitter-link ("STL"), from its licensed
location. In this Order, we consider Carlsbad Radio's arguments that
it took immediate steps to rectify the situation as soon as it was
aware of the violation, and that it has a history of compliance with
the Commission's Rules.
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,
at the time of the inspection, its licensed coordinates were 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
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
6. On September 25, 2007, the Denver Office issued a NAL in the amount of
$4,000 to Carlsbad Radio. In the NAL, the Denver Office found 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. Carlsbad Radio filed a
response ("Response") to the NAL on October 25, 2007, and supplemented
its response on February 8, 2008, and March 12, 2008. In its Response,
Carlsbad Radio argues that it made efforts immediately after the
Denver Office's inspection to amend the WGW926 license, and that it
has a history of compliance with the Commission's Rules.
7. 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.
8. 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).
9. In its Response, Carlsbad Radio does not dispute the facts recited in
the NAL. Instead it states that it failed to amend its license when
the station was relocated, that the failure was an oversight, and that
it filed applications to amend the license on February 16, 2007. It
states that it was unaware that its efforts to amend the license after
the Denver Office inspection in February were unsuccessful until it
received the NAL in September. While we appreciate Carlsbad Radio'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. Consequently, we find that Carlsbad
Radio's efforts to ameliorate its violation, after the violation was
brought to Carlsbad Radio's attention during the February 7, 2007, by
the Denver agents, are not a basis to reduce the forfeiture
10. Carlsbad Radio also contends that it has a history of overall
compliance with the Commission's Rules. We have reviewed our records
and we concur. Consequently, we reduce Carlsbad Radio's forfeiture
amount to $3,200.
11. 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 Carlsbad Radio
willfully and repeatedly violated Sections 1.903(a), 1.947(a), and
74.532(e) 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.
12. We also note that, as of the date of this Order, the Commission
databases continue to reflect neither a change in the coordinates nor
a change in the fixed location address for station WGW926, although
Carlsbad Radio has submitted information that it has engaged in
frequency coordination and anticipates filing a new application
shortly. Consequently, we require Carlsbad Radio to report to the
Denver Office, Western Region, no more than thirty (30) days following
the release of this Order how it achieved compliance with Section
1.903(a) of the Rules for station WGW926. Carlsbad Radio's report must
be submitted in the form of an affidavit signed by an officer or
director of Carlsbad Radio.
IV. ORDERING CLAUSES
13. 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, Carlsbad Radio, Inc.,
IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for
willfully and repeatedly violating Sections 1.903(a), 1.947(a), and
74.532(e) of the Rules.
14. IT IS FURTHER ORDERED, pursuant to Section 403 of the Act, that
Carlsbad Radio, Inc., must submit the report described in paragraph
12, above, within no more than thirty (30) days following the release
of this Order, to the 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.
15. 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/Account
Number and FRN Number referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
made to ABA Number 021030004, receiving bank TREAS/NYC, and account
number 27000001. For payment by credit card, an FCC Form 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact
the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
16. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Carlsbad
Radio, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
47 C.F.R. S:S: 1.903(a), 1.947(a), and 74.532(e).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732800010
(Enf. Bur., Western Region, Denver Office, released September 25, 2007).
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).
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).
See, e.g., AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).
Carlsbad Radio previously submitted an application to modify the WGW926
license on October 12, 2007. See File No. 0003197438. That application,
however, was dismissed on February 2, 2008.
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 1.903(a),
47 U.S.C. S: 403.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-598
Federal Communications Commission DA 08-598