**Before the**

#  Federal Communications Commission

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-06-PO-145       |
|                                  |   |                                 |
| Larson-Wynn, Inc.                | ) | NAL/Acct. No.: 200732920001     |
|                                  |   |                                 |
| Licensee of Station KODL(AM)     | ) | FRN: 0003780053                 |
|                                  |   |                                 |
| The Dalles, Oregon               | ) |                                 |
|                                  |   |                                 |
| Facility ID \# 36629             | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

> Released: February 21, 2007

By the Resident Agent, Portland Resident Agent Office, Western Region,
Enforcement Bureau:

# I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Larson-Wynn, Inc. ("Larson-Wynn"), licensee of broadcast
    station KODL(AM), in The Dalles, Oregon, apparently willfully and
    repeatedly violated Section 73.1350(a) of the Commission's Rules
    ("Rules")[^1] by operating station KODL at an unauthorized location.
    We conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Larson-Wynn is apparently liable
    for a forfeiture in the amount of four thousand dollars (\$4,000).

> **II. BACKGROUND**

2.  On October 27, 2006, in response to a complaint, an agent from the
    Enforcement Bureau's Portland Resident Agent Office ("Portland
    Office") monitored KODL's signal on frequency 1440 kHz in The
    Dalles, Oregon. Using radio direction finding equipment, the agent
    traced the source of KODL's broadcast signal to a horizontal antenna
    located at 1709 Cherry Heights Road, The Dalles, Oregon. Later that
    day, the Portland agent interviewed Al Wynn, a representative of
    Larson-Wynn. Wynn admitted that he had been operating the station
    from his residence, 1709 Cherry Heights Road, The Dalles, Oregon,
    with special temporary authority ("STA") which had expired on
    February 25, 2004. Wynn provided documents to the Portland agent
    indicating that after the KODL STA expired on February 25, 2004, he
    submitted an extension request, dated August 31, 2004, to the
    Commission. On September 22, 2004, the FCC returned the request for
    failure to file the appropriate fee.

3.  According to KODL's license, the authorized location for the KODL
    transmitter is 45º 35′ 31″ north latitude, 121º 11′ 57″ west
    longitude.[^3] The Portland agent's inspection revealed that the
    coordinates of the current location of the KODL's transmitter at
    1709 Cherry Heights Road, The Dalles, Oregon, are approximately 45°
    35'10" north latitude and 121° 12' 25" west longitude, more than
    one-half mile from the station's authorized location. A review of
    Commission records reveals that Larson-Wynn's most recent STA for
    KODL expired on February 25, 2004.[^4] According to Commission
    records, there is no pending request for STA for KODL, and no
    pending modification application.

> **III. DISCUSSION**

4.  Section 503(b) of the Act provides that any person who willfully
    fails to comply substantially with the terms and conditions of any
    license, or willfully 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.[^5] The
    term \"repeated\" means the commission or omission of such act more
    than once or for more than one day.[^6]

5.  Section 73.1350(a) of the Commission's rules states "\[e\]ach
    licensee is responsible for maintaining and operating its broadcast
    station in a manner which complies with the technical rules set
    forth elsewhere in this part and in accordance with the terms of the
    station authorization."[^7] On October 27, 2006, the Portland Office
    agent observed that KODL was transmitting from a location that was
    not authorized in the KODL license. The licensee of KODL provided
    documents to the agent indicating that after the KODL STA expired on
    February 25, 2004, he submitted an extension request, dated August
    31, 2004, to the FCC. On September 22, 2004, the FCC returned the
    extension request for failure to file the appropriate fee.
    Larson-Wynn failed to re-submit the correct fee payment and
    continued operating the station from an unauthorized location from
    September 22, 2004 to October 27, 2006. The violation, therefore,
    was willful. The violation occurred for more than one day,
    therefore, it was repeated.

6.  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 violation of the operation
    at 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) (D) 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.[^8] Applying the
    *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Larson-Wynn is
    apparently liable for a \$4,000 forfeiture.

7.  We will also require Larson-Wynn to file a report with the Resident
    Agent of the Portland Resident Agent Office concerning Larson-Wynn's
    efforts to bring KODL(AM) into compliance with the terms of its
    authorization. Specifically, Larson-Wynn must detail how it has
    relocated its transmitter to the coordinates specified in the
    station authorization, or how it has amended its authorization to
    accurately reflect the location of the transmitter, or how it has a
    received a new STA for the transmitter's current location.

> **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
    and 1.80 of the Commission\'s Rules, Larson-Wynn, Inc. is hereby
    NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount
    of four thousand dollars (\$4,000) for violation of Section
    73.1350(a) of the Commission's Rules.[^9]

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, Larson-Wynn, Inc. SHALL
    PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture. Payment of the forfeiture must be made by check or
    similar instrument, payable to the order of the Federal
    Communications Commission.

10. IT IS FURTHER ORDERED that Larson-Wynn, Inc., SHALL FILE, within
    thirty (30) days of the release of this Notice, a report with the
    Resident Agent, Portland Resident Agent Office, concerning
    Larson-Wynn, Inc.'s efforts to come into compliance with the
    authorization for station KODL(AM), as detailed above.

11. 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/Acct. No. and FRN No.
    referenced above.  Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.  Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Western Region, Portland Resident
    Agent Office, P.O. Box 61469, Vancouver, Washington 98666-1469 and
    must include the NAL/Acct. No. referenced in the caption.

13. 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.

14. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director -- Financial Operations, Room 1A625,
    445 12th Street, S.W., Washington, D.C. 20554.[^10]

15. 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 Larson-Wynn, Inc.

FEDERAL COMMUNICATIONS COMMISSION

Binh Nguyen

Resident Agent

Portland Resident Agent Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 73.1350(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: On October 27, 2006, the agent inspected KODL's authorized antenna
    site, observed that KODL's authorized antennas were dismantled, and
    found only an empty field with a sign saying "Future Home of First
    Christian Church."

[^4]: File No. BSTA-20030811AHL, granted August 25, 2003.

[^5]: Section 312(f)(1) of the Act, 47 U.S.C. § 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).

[^6]: Section 312(f)(2) of the Act, 47 U.S.C. § 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.\"

[^7]: 47 C.F.R. § 73.1350(a).

[^8]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^9]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80, 73.1350(a).

[^10]: *See* 47 C.F.R. § 1.1914.