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                                   Before the

                       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                                          

                                FORFEITURE ORDER

   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
       authorization accordingly.

    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.


   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: 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.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   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),
   1.947(a), 74.532(e).

   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