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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                                
                                                               
     In the Matter of         )                                
                                                               
     Hodson Broadcasting      )    File Number: EB-08-DV-0216  
                                                               
     Permittee of KHOD(FM)    )   NAL/Acct. No.: 200932800001  
                                                               
     Des Moines, New Mexico   )               FRN: 0004297180  
                                                               
     Facility ID # 165982     )                                
                                                               
                              )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 17, 2008

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hodson Broadcasting ("Hodson"), permittee of station KHOD(FM), in
       Des Moines, New Mexico, apparently willfully and repeatedly violated
       Section 73.1620  of the Commission's Rules ("Rules") for operating
       KHOD(FM) at variance from its authorization. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Hodson is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. On June 28, 2006, the Commission granted Hodson a construction permit,
       authorizing the construction of a new Channel 287, Class C FM station
       serving Des Moines, New Mexico, with an antenna height of radiation
       center above ground of 14 meters on an antenna structure with an
       overall height above ground of 32 meters. The construction permit is
       due to expire on June 28, 2009. No authorization for program test
       authority or operational authority has been issued by the FCC for
       KHOD(FM). As of the date of this NAL, no further modifications of the
       permit have been received or granted by the Commission.

    3. On May 12, 2008, the Enforcement Bureau's Denver Office received an
       email complaint that KHOD(FM) was operating from a location in Raton,
       New Mexico, at variance from its construction permit. The complainant
       stated the KHOD(FM) signal was discovered on the air during the
       previous week, that the station operated continuously, using a
       vertical antenna fed with coaxial cable located on a hotel rooftop,
       and that the station could be heard from a distance of six miles.

    4. On May 13, 2008, the Denver Office received an email that KHOD(FM)
       signed off the air and announced that it would be back on the air in
       60-90 days from its mountain top transmitter.

    5. On June 20, 2008, the Denver Office received a telephone complaint
       that KHOD(FM) was back on the at a higher power and that it was still
       broadcasting from the hotel rooftop. An agent from the Denver Office
       contacted the complainant who confirmed that KHOD(FM) was still on the
       air, identifying as "KHOD, Revolution of Raton."

    6. On June 24, 2008, a Denver agent investigated KHOD(FM)'s operation.
       The agent observed that the station was in operation and was being
       operated from a location in Raton, New Mexico, some 34 miles northwest
       of its authorized location in Des Moines, New Mexico.

    7. On June 25, 2008, the Denver agent inspected KHOD(FM) and observed
       that the station continued to operate from the Raton, New Mexico,
       studio/transmitter site. The inspection revealed that KHOD(FM) had no
       special temporary authorization ("STA")/waiver to operate on-air, or
       to operate from its current location, no public inspection file, and
       no operating emergency alert system ("EAS") equipment. The agent
       interviewed the owner of Hodson Broadcasting. Hodson acknowledged that
       the KHOD(FM) signal in Raton, New Mexico, does not reach the KHOD(FM)
       construction permit's community of license of Des Moines, New Mexico.
       The agent warned Hodson concerning the unauthorized operation but
       Hodson insisted that KHOD(FM) must stay on the air to serve Raton, New
       Mexico.

    8. On July 1, 2008, the Denver agent contacted Hodson and inquired about
       KHOD(FM)'s on air status. Hodson stated KHOD(FM) was still on the air
       and the Denver agent verbally warned Hodson about continued KHOD(FM)
       operation.

    9. On October 7, 2008, the Denver Office received a telephone complaint
       concerning interference to home electronic entertainment equipment
       ("HEEE") from a nearby business. The complainant alleged that the
       interference started on October 6, 2008, and that KHOD(FM) could be
       heard across the entire FM band.

   10. On October 9, 2008, the Denver Office received another telephone
       complaint concerning interference to HEEE from a business in Raton,
       New Mexico. The complainant alleged that the interference recently
       started and KHOD(FM) could be heard across the entire FM band.

   11. As of the date of this NAL, a search of the Commission's database
       reveals that KHOD(FM)'s construction permit is in "Off Air" status,
       and no STAs or waivers had been granted to Hodson concerning the
       operation of KHOD(FM).

   III. DISCUSSION

   12. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   13. Section 73.1620 of the Commission's rules provides, in pertinent part,
       that program tests may be conducted by permittees, upon completion of
       construction, so long as the Commission is notified of the program
       tests and a license application is filed within 10 days thereafter.  
       A special operating condition/ restriction was placed on the KHOD(FM)
       construction permit which states "[t]he automatic program test
       provisions of Section 73.1620 of the Commission's rules do not apply
       in this case. A formal request for program test authority must be
       filed in conjunction with FCC Form 302-FM, application for license,
       before program tests will be authorized." Moreover, the facilities
       tested must have been constructed in accordance with the terms of the
       construction permit and the technical provisions of the application in
       order to avert air navigation hazards and avoid interference to other
       broadcast stations.   Otherwise, the station is subject to revocation
       of license or permit, or imposition of a forfeiture.

   14. Hodson was authorized by the Commission to construct a Class C station
       with an ERP of 82 kW and an antenna height of radiation center above
       ground at 14 meters on an antenna structure that is 32 meters above
       ground, to serve the community of Des Moines, New Mexico. At the time
       of inspection on June 25, 2008, KHOD(FM) was located over thirty miles
       from its authorized location, operating with less than Class C FM
       facilities, from a building rooftop versus the authorized antenna
       structure. Hodson, the permittee of KHOD(FM) acknowledged that it was
       intentionally operating KHOD(FM) to serve the community of Raton, New
       Mexico as opposed to its authorized community of Des Moines, New
       Mexico. Reports to the Denver Office show that Hodson's unauthorized
       operation of KHOD(FM) in Raton, New Mexico, continued after warnings
       to Hodson from the Denver agent.

   15. Hodson has failed to construct KHOD(FM) in accordance with its
       construction permit and has failed to request program test authority,
       in violation of its construction permit and Section 73.1620 of the
       Rules. Consequently, Hodson's operation of KHOD(FM) to this date has
       been unauthorized. Based on the evidence before us, we find that
       Hodson apparently willfully and repeatedly violated Section 73.1620 of
       the Rules by operating KHOD(FM) at variance from the terms of the
       KHOD(FM) construction permit.

   16. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for construction and/or operation without an
       instrument of authorization for the service is $10,000. In assessing
       the monetary forfeiture amount, we must also take into account the
       statutory factors set forth in Section 503(b)(2)(E) of the Act, which
       include the nature, circumstances, extent, and gravity of the
       violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Hodson  is apparently liable for a $10,000
       forfeiture.

   IV. ORDERING CLAUSES

   17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Hodson Broadcasting is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Section
       73.1620 of the Rules.

   18. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Hodson Broadcasting SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   19. 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. Hodson Broadcasting  will also
       send electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   20. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226 and must include
       the NAL/Acct. No. referenced in the caption. An electronic copy shall
       be sent to WR-Response@fcc.gov.

   21. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Hodson Broadcasting.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.1620.

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

   See File. No. BNPH-20060309ADA.

   The agent also noted that the station was being operated with a power
   level, antenna height, and antenna structure at variance from its
   construction permit. Specifically, KHOD(FM) operated with less than Class
   C FM facilities by operating with less than 20 watts transmitter power
   output, an ERP less than 82 kW, and operated from a building rooftop
   versus the authorized antenna structure.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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', 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...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.1620.

   KHOD(FM) Construction Permit, granted June 28, 2006.

   Id; 47 C.F.R. S: 73.1620, 47 U.S.C. S: 319(c).

   See 47 U.S.C. S:S: 312(a)(2), 319(c), and 503(b)(1)(A) (forfeiture
   appropriate for willful or repeated failure to comply substantially with
   the terms and conditions of any permit or other authorization issued by
   the Commission).

   See BNPH-20060309ADA.

   See Lauren A. Colby, Esq., 21 FCC Rcd 1248 (2006).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1620.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       5

   Federal Communications Commission