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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number EB-07-DV-088
Bravo Mic Communications, LLC
) NAL/Acct. No. 200732800011
Licensee of Station WMU297
) FRN 0011617263
Las Cruces, 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 two thousand, four hundred dollars ($2,400) to Bravo Mic
Communications, LLC ("Bravo Mic"), licensee of station WMU297 in Las
Cruces, 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 Bravo Mic for failing to operate station
WMU297, an aural studio-transmitter-link ("STL"), from its licensed
location. In this Order, we consider Bravo Mic's arguments that it
made a good faith effort to comply with Rules prior to the inspection
by the Denver Office, and that it has a history of compliance with the
2. On February 5, 2007, an agent from the Enforcement Bureau's Denver
Office inspected STL transmitters operating from the Bravo Mic studio
at 101 Perkins Drive in Las Cruces, New Mexico ("Perkins Drive
Studio"). The coordinates of the Bravo Mic studio are approximately
32-o 17' 54" north latitude, 106-o 46' 39" west longitude. At the time
of the inspection, station WMU297 was operating from these
coordinates. According to the WMU297 station authorization, at the
time of the inspection, its licensed coordinates were 32-o 18' 26.3"
north latitude, 106-o 46' 22.0" west longitude with a physical street
address of 525 E Lohman Drive, in Las Cruces, New Mexico.
3. On February 6, 2007, the Denver agent conducted an inspection of Bravo
Mic's broadcast operations at the Perkins Drive Studio. During the
inspection, the agent informed the Bravo Mic engineer and general
manager of the violations found with the WMU297 station license. The
Bravo Mic engineer stated that the WMU297 STL had been relocated from
the 525 E. Lohman Drive location to the Perkins Drive main studio
location in June of 2006. When the inspection was completed, the agent
reviewed the violations with Bravo Mic representatives. The general
manager acknowledged the licensing errors and stated to the agent that
Bravo Mic would begin the process of correcting the WMU297
authorization accordingly. Later that day, the Denver agent returned
to the Perkins Drive Studio and observed station WMU297 continuing to
transmit on a center frequency of 946.000 MHz.
4. A review of the Commission's databases revealed that a modification
application to change the coordinates and the fixed location address
for station WMU297 was filed on April 10, 2007. An amendment to this
application was filed on July 20, 2007. The modification application
was granted on July 23, 2007.
5. On September 25, 2007, the Denver Office issued a NAL in the amount of
$4,000 to Bravo Mic. In the NAL, the Denver Office found that Bravo
Mic apparently willfully and repeatedly violated Sections 1.903(a),
1.947(a), and 74.532(e) of the Rules by failing to operate station
WMU297 from its licensed location. Bravo Mic filed a response
("Response") to the NAL on October 25, 2007, and supplemented its
response on March 13, 2008. In its Response, Bravo Mic argues that it
made good faith efforts to comply with the Rules, prior to the Denver
Office's inspection. Bravo Mic also argues that it has a history of
compliance with the Commission's Rules.
6. 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.
7. 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 5, 2007, Bravo Mic was found
operating radio station WMU297 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 seven-tenths of a mile (approximately 32 seconds of latitude and
approximately 17 seconds of longitude).
8. In its Response, Bravo Mic does not dispute the facts recited in the
NAL. Instead it argues that it had already begun the process to amend
the WMU297 license prior to the Denver Office's inspection.
Specifically, Bravo Mic engaged the services of a contract engineer in
December 2006 to begin work on a modification application for WMU297.
Unfortunately, the engineering portions required more time than
anticipated and the application was not filed until April 2007; well
after the Denver Office inspection. Consequently, Bravo Mic asks that
its forfeiture be reduced based on its good faith efforts to comply
with the Rules. Reductions based on good faith efforts to comply
generally involve situations where violators demonstrated that they
initiated measures to correct or remedy violations, or that they had
established compliance programs in place, prior to the Commission's
involvement. While Bravo Mic's efforts to amend the WMU297 license to
reflect the station's correct location after the February 5, 2007,
inspection by the Denver agent do not support a good faith reduction,
we find that Bravo Mic's efforts to amend the WMU297 license prior to
the inspection do support a good faith reduction. Consequently, we
reduce the forfeiture from $4,000 to $3,200.
9. Bravo Mic 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 Bravo Mic's forfeiture amount to
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 Bravo Mic
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
$2,400 is warranted.
IV. ORDERING CLAUSES
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, Bravo Mic
Communications, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount
of $2,400 for willfully and repeatedly violating Sections 1.903(a),
1.947(a), and 74.532(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. 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.
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 Bravo Mic
Communications, LLC, at its address of record, and Diana P. Cohen, its
counsel 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).
See File No. 0002988228.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732800011
(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 Radio One Licenses, Inc., 18 FCC Rcd 15964 (2003), recon. denied, 18
FCC Rcd 25481 (2003).
See Tidewater Communications, Inc., 18 FCC Rcd 5524, 5525 (EB 2003).
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: 504(a).
Federal Communications Commission DA 08-599
Federal Communications Commission DA 08-599