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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )            
Power Radio Corporation         )       File No. EB-04-SE-
273 
Licensee of Radio Station KXPW-LP       )    NAL/Acct. No. 
200532100006 
Georgetown, Texas              )        FRN: 0006560650
Facility Identification Number 133411        )              
                                )

                                 
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


Adopted:  December 8, 2004                  Released:  
December 10, 2004

By  the Chief,  Spectrum  Enforcement Division,  Enforcement 
Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Power Radio Corporation 
(``Power Radio''), licensee of Low Power (``LP'') FM 
broadcast station KXPW-LP in Georgetown, Texas, apparently 
liable for a forfeiture in the amount of three thousand 
dollars ($3,000) for willful violation of Section 73.875(c) 
of the Commission's Rules (``Rules'').1  The noted violation 
involves Power Radio's failure to file a modification of 
license application on FCC Form 319 within ten days of 
replacing its authorized antenna.

II.  BACKGROUND

     2.   On June 4, 2004, the Media Bureau granted Power 
Radio a license to cover the construction permit for station 
KXPW-LP.2  The license authorizes the use of a CW CP-1000 
Model antenna with three bays, at a latitude and longitude 
of 30 35' 30'' N and 097 40' 44'' W, with a height of 
radiation center above ground of 55 meters, an overall 
height above ground level of 55 meters, and a height of 
radiation center above average terrain (HAAT) of 87 meters.  
On August 26, 2004, the Enforcement Bureau's Spectrum 
Enforcement Division (``Division'') received a complaint 
alleging that on August 24, 2004, Power Radio removed KXPW-
LP's authorized three-bay antenna and replaced it with a 
four-bay antenna without obtaining prior Commission 
authorization.  On October 12, 2004, the Division sent Power 
Radio a Letter of Inquiry (``LOI'') regarding its 
installation of a replacement antenna for station KXPW-LP.3  
     3.   In an October 18, 2004 response to the LOI, Power 
Radio admitted that it installed a replacement antenna for 
KXPW-LP on August 24, 2004 due to major problems and failure 
of the existing antenna.4  Power Radio reported that the 
replacement antenna is an Armstrong FMA-707 Model with four 
bays and a full wave length spacing of 8.7 feet installed at 
a latitude and longitude of 30 35' 30'' N and 097 40' 44'' 
W with a height of radiation center above ground level of 
55.5 meters (182 feet), an overall height above ground level 
of 59.7 meters (196 feet), and a height of radiation center 
above average terrain (HAAT) of around 87 meters (285.4 
feet).  Power Radio asserted that due to a misunderstanding 
with its engineering consultant, it did not know that it was 
required to file anything with the FCC for replacing an 
antenna with one that did not change the licensed HAAT by 
more than two meters above or four meters below the 
authorized value.  On October 18, 2004, the same day that it 
submitted its LOI response, Power Radio filed an FCC Form 
319 notifying the Commission of the replacement antenna 
installation for station KXPW-LP.5 

III.  DISCUSSION 

     4.   Section 73.875 of the Rules prescribes the 
procedures and restrictions that apply to licensee 
modification of authorized LPFM transmission system 
facilities.  Section 75.875(c)(1) of the Rules provides that 
LPFM facility modifications to replace an antenna with one 
of the same or different number of antenna bays may be made 
without prior authorization from the Commission provided the 
height of the antenna radiation center is not more than 2 
meters above or 4 meters below the authorized values.  
However, a modification of license application on FCC Form 
319 must be submitted to the Commission within 10 days of 
commencing program test operations.6  

     5.   Power Radio admitted in its LOI response that it 
replaced its authorized three-bay antenna with a four-bay 
antenna on August 24, 2004.  Power Radio did not file an FCC 
Form 319 notifying the Commission of this modification until 
October 18, 2004, almost two months later.  Accordingly, 
based on the evidence before us, we find that Power Radio 
willfully violated Section 73.875(c) of the Rules by failing 
to submit the required form and information within 10 days 
of commencing program test operations after installing a 
replacement antenna for station KXPW-LP.  Power Radio 
asserted that due to a misunderstanding with its engineering 
consultant, it was not aware that it was required to file 
anything with the FCC.  However, licensees are expected to 
know and comply with the FCC's rules.7  
     
     6.   Pursuant to The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture 
Policy Statement''), the base forfeiture amount for failing 
to file required forms is $3,000.  In assessing the monetary 
forfeiture amount, we must also take into account the 
statutory factors set forth in Section 503(b)(2)(D) of the 
Communications Act of 1934 (``Act''), as amended, which 
include the nature, circumstances, extent, and gravity of 
the violation(s), 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  Applying the Forfeiture Policy Statement and 
statutory factors to the instant case, we believe that a 
$3,000 proposed forfeiture is warranted.

IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 
1.80 of the Rules,10 Power Radio Corporation is hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount of three thousand dollars ($3,000) for violating 
Section 73.875(c) of the Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Rules,11 within thirty days of the release date 
of this Notice of Apparent Liability for Forfeiture, Power 
Radio Corporation SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     9.   Payment of the forfeiture may be made by mailing a 
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 Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank 
One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, 
IL 60661.  Payment by wire transfer may be made to ABA 
Number 071000013, receiving bank Bank One, and account 
number 1165259.  Request for full payment under an 
installment plan should be sent to Chief, Revenue and 
Receivables Group, 445 12th Street, S.W., Washington, D.C. 
20554.

     10.  The response, if any, must be mailed to the Office 
of the Secretary, Federal Communications Commission, 445 
12th Street, S.W., Washington, D.C. 20554, ATTN: Enforcement 
Bureau - Spectrum Enforcement Division, and  must include 
the NAL/Acct. No. referenced in the caption.

     11.  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; 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.

     12.  Requests for payment of the full amount of this 
NAL under an installment plan should be sent to: Chief, 
Revenue and Receivable Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.12

     13.  IT IS FURTHER ORDERED THAT a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by first 
class mail and certified mail, return receipt requested, to 
Power Radio Corporation, P.O. Box 73, Georgetown, Texas 
78627-0073.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Joseph P. Casey
                         Chief, Spectrum Enforcement 
Division
                         Enforcement Bureau
_________________________

1 47 C.F.R.  73.875(c).

2 File No. BLL - 230031211AAT.

3 See Letter from Joseph P. Casey, Chief Spectrum 
Enforcement Division, Enforcement Bureau, to James 
Aultfather, President, Power Radio Corporation (October 12, 
2004).

4 See Letter from James Aultfather, President, Power Radio 
Corporation, to Spectrum Enforcement Division, Enforcement 
Bureau (October 18, 2004).

5 File No. BMLL - 20041018AAW. 

6 Program test operations at the full authorized ERP may 
commence immediately upon installation pursuant to Section 
73.1620(a)(1) of the Rules, 47 C.F.R.  73.1620(a)(1).

7 Sitka Broadcasting Co., Inc., 70 FCC 3d 2375, 2378 (1979), 
citing Lowndes County Broadcasting Co., 23 FCC 2d 91 (1970) 
and Emporium Broadcasting Co., 23 FCC 2d 868 (1970).

8 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 47 C.F.R.  1.80.

12 See 47 C.F.R.  1.1914.