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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number EB-08-DV-0142
Media Logic LLC
) NAL/Acct. No. 200932800002
Licensee of Station WQHV648
) FRN: 0007538937
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 26, 2008
By the District Director, Denver Office, Western Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Media Logic LLC ("Media Logic"), licensee of station WQHV648, in
Sterling, Colorado, willfully and repeatedly violated Sections
1.903(a), 1.947(a), and 74.532(e) of the Commission's Rules ("Rules")
by failing to operate station WQHV648, an aural
studio-transmitter-link ("STL"), from its licensed location. We
conclude, pursuant to Section 503(b) of the Communications Act of
1934, as amended ("Act"), that Media Logic is apparently liable for a
forfeiture in the amount of four thousand dollars ($4,000).
2. On May 29, 2008, an agent from the Enforcement Bureau's Denver
District Office conducted an inspection of an STL transmitter, station
WQHV648, operating on a center frequency of 949.000 MHz from the Media
Logic studio at 519 West Main Street in Sterling, Colorado. The
coordinates of the Media Logic studio are approximately 40-o 37' 30"
north latitude and 103-o 13' 11" west longitude. At the time of the
inspection, station WQHV648 was operating from these coordinates.
According to the WQHV648 station authorization, station WQHV648's
licensed coordinates are 40-o 35' 52" north latitude, 103-o 12' 36"
west longitude. The Denver agent then informed Media Logic's owner of
the inaccuracies found concerning the location of the WQHV648
transmitter. The owner estimated that station WQHV648 had been in
operation for approximately eight months, but he was not aware of the
licensed coordinate discrepancies. He then told the agent that he
would research the matter and correct any licensing errors.
3. On June 2, 2008, the Denver agent returned to Sterling, Colorado, and
observed station WQHV648 continuing to transmit from the location of
40-o 37' 30" north latitude and 103-o 13' 11" west longitude. A review
of the Commission's databases revealed that a modification application
to change the coordinates for station WQHV648 was filed on July 16,
2008. An amendment to this application was filed on July 17, 2008. The
modification application was granted on August 28, 2008.
4. 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.
5. 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 May 29 and June 2, 2008, Media Logic
was found operating radio station WQHV648 from a location inconsistent
with the station's authorized coordinates. The distance separating the
point of operation from that of the license was approximately 1.95
miles (approximately 1 minute and 38 seconds of latitude and 35
seconds of longitude). Media Logic's owner acknowledged that station
WQHV648 had been operating from the location observed by the Denver
agent for a period of over eight months, therefore, the violation was
willful. The violation occurred for more than one day, therefore it
6. Based on the evidence before us, we find that Media Logic apparently
willfully and repeatedly violated Sections 1.903(a), 1.947(a), and
74.532(e) of the Rules by failing to operate station WQHV648 from its
7. 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 the operation of a station from an
unauthorized location is $4,000. 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 Media
Logic is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
8. 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, Media Logic LLC is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
four thousand dollars ($4,000) for violations of Sections 1.903(a),
1.947(a), and 74.532(e) of the Rules.
9. 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, Media Logic LLC SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
10. 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. Media Logic LLC will also
send electronic notification on the date said payment is made to
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Denver District
Office, 215 S. Wadsworth Boulevard, 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.
12. 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.
13. 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 Media Logic LLC.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
47 C.F.R. S:S: 1.903(a), 1.947(a), and 74.532(e).
47 U.S.C. S: 503(b).
See File No. 0003505396.
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: 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).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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, 1.903(a),
1.947(a), and 74.532(e).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission