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                                   Before the

                       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                                           

                                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 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
       Commission's Rules.


    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.


   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: 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.


   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).

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

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 08-599



   Federal Communications Commission DA 08-599