Federal Communications Commission  DA 07-3903
Before the
Federal Communications Commission
Washington, D.C. 20554
In re Application of  
Lea County Broadcasting Co.
For Renewal of License for Stations 
KLEA(AM)
Lovington, New Mexico
and
KLEA-FM
Lovington, New Mexico
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NAL/Acct. No. MB-200741410378
FRN:  0006232409
Facility I.D. No. 36853
File No. BR-20051006ABF
Facility I.D. No. 36852
File No. BRH-20051006ABG
MEMORANDUM OPINION AND ORDER 
AND
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: September 11, 2007 Released: September 12, 2007
By the Chief, Audio Division, Media Bureau:
I.      INTRODUCTION
1. The Commission has before it the captioned applications of Lea County Broadcasting Co.
(the Licensee), for renewal of its license for Stations KLEA(AM) and KLEA-FM, Lovington, New 
Mexico (the Stations).  In this Memorandum Opinion and Order and Notice of Apparent Liability for 
Forfeiture (NAL) issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, 
as amended (the Act), and Section 1.80 of the Commissions Rules (the Rules),1 by the Chief, Audio 
Division, Media Bureau, by authority delegated under Section 0.283 of the Rules,2 we find that the 
Licensee apparently willfully and repeatedly violated Section 73.3539 of the Rules,3 by failing to timely 
file license renewal applications for the Stations, and Section 301 of the Act,4 by engaging in 
unauthorized operation of the Stations after their authorizations had expired. Based upon our review of 
the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary 
forfeiture in the total amount of seven thousand dollars ($7,000), and we grant the captioned KLEA(AM)
and KLEA-FM renewal applications.
II. BACKGROUND
2. Section 73.3539(a) of the Rules requires that applications for renewal of license for 
broadcast stations must be filed not later than the first day of the fourth full calendar month prior to the 
  
1 47 U.S.C.  309(k), 503(b); 47 C.F.R.  1.80.
2 See 47 C.F.R.  0.283.
3 See 47 C.F.R.  73.3539.
4 See 47 U.S.C  301.
Federal Communications Commission  DA 07-3903
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expiration date of the license sought to be renewed.5 Applications for renewal of the Stations licenses
should have been filed by June 1, 2005, four months prior to the Stations October 1, 2005, license 
expiration date,6 but were not.  In fact, the Licensee did not file the renewal applications until October 6, 
2005, six days after the Stations licenses expired.  The Licensee provides no explanation for the untimely 
filing of the renewal applications.  
III. DISCUSSION
3. Proposed Forfeiture.   In this case, the Licensee has failed to timely file license renewal 
applications for KLEA(AM) and KLEA-FM, as required by Section 73.3539(a) of the Rules.  Moreover, 
as noted above, the Licensee did not provide an explanation for the late filing.  Licensees are obligated to 
fully comply with the Rules, including timely filing the Stations renewal application.7  Here, Licensee 
did not do so.
4. This NAL is issued pursuant to Section 503(b)(1)(B) of the Act.  Under that provision, 
any person who is determined by the Commission to have willfully or repeatedly failed to comply with 
any provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to the 
United States for a forfeiture penalty.8 Section 312(f)(1) of the Act defines willful as the conscious and 
deliberate commission or omission of [any] act, irrespective of any intent to violate the law.9 The 
legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both 
Sections 312 and 503(b) of the Act,10 and the Commission has so interpreted the term in the Section 
503(b) context.11 Section 312(f)(2) 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.12  
5. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules 
establish a base forfeiture amount of $3,000 for the failure to file a required form.13  The guidelines also 
specify a base forfeiture amount of $10,000 for station construction and/or operation without an 
instrument of authorization for the service.14  In determining the appropriate forfeiture amount, we must 
consider the factors enumerated in Section 503(b)(2)(D) of the Act, including "the nature, circumstances, 
  
5 47 C.F.R.  73.3539(a).
6 See 47 C.F.R.  73.1020, 73.3539(a).
7 See, e.g, Hemmingford Media, Inc., Forfeiture Order, 14 FCC Rcd 2940, 2941-2 (CIB 1999) (responsibility for 
complying with terms of station license rests solely and exclusively with the licensee) (citing Empire 
Broadcasting Corp., Memorandum Opinion and Order, 25 FCC 2d 68 (1970).
8 47 U.S.C.  503(b)(1)(B).  See also 47 C.F.R.  1.80(a)(1).
9 47 U.S.C.  312(f)(1).
10 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
11 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
12 47 U.S.C.  312(f)(2). 
13 See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture 
Guidelines, Report and Order, 12 FCC Rcd 17087, 17113-15 (1997) ("Forfeiture Policy Statement"), recon. denied,
15 FCC Rcd 303 (1999); 47 C.F.R.  1.80(b)(4), note to paragraph (b)(4), Section I. 
14 A broadcast station requires an authorization from the Commission to operate.  See 47 U.S.C.  301.
Federal Communications Commission  DA 07-3903
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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 such other matters as justice may require."15
6. In this case, the Licensee failed to timely file the KLEA(AM) and KLEA-FM renewal 
applications and continued operating the Stations for six days after their licenses had expired on October 
1, 2005, before filing the appropriate applications.  Nevertheless, because it had previously been licensed 
to operate the Station, the latter transgressions are not comparable to pirate wireless operations, which 
typically have been subject to forfeiture of approximately $10,000.  Taking into consideration these facts 
and all of the factors required by Section 503(b)(2)(D) of the Act and the Forfeiture Policy Statement, we 
propose a forfeiture for the full $3,000 amount for the failure to timely file the renewal application for 
each Station and, in light of the period of unauthorized operation, reduce the proposed forfeiture for the 
unauthorized operation from the $10,000 base amount to $500 for each Station.  Thus we propose a 
forfeiture in the total amount of $7,000.    
7. License Renewal Application. In evaluating an application for license renewal, the 
Commissions decision is governed by Section 309(k) of the Act.16 That section provides that if, upon 
consideration of the application and pleadings, we find that (1) the station has served the public interest, 
convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3) 
there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant 
the renewal application.17 If, however, the licensee fails to meet that standard, the Commission may deny 
the application  after notice and opportunity for a hearing under Section 309(e) of the Act  or grant the 
application on terms and conditions that are appropriate, including a renewal for a term less than the 
maximum otherwise permitted.18
8. We find that the Licensees violation of Section 73.3539 of the Rules and Section 301 of 
the Act do not constitute serious violations warranting designation for evidentiary hearing.  Moreover, 
we find no evidence of violations that, when considered together, evidence a pattern of abuse.19  Further, 
we find that Stations KLEA(AM) and KLEA-FM served the public interest, convenience, and necessity 
during the subject license term.  We will, therefore, grant the license renewal applications below.  
IV.      ORDERING CLAUSES
9. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended, and Section 1.80 of the Commissions Rules, that Lea County Broadcasting Co. is 
  
15 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R.  1.80(b)(4).
16 47 U.S.C.  309(k).
17 47 U.S.C.  309(k)(1).  The renewal standard was amended to read as described by Section 204(a) of the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).   See Implementation of Sections 
204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC 
Rcd 6363 (1996).
18 47 U.S.C.  309(k)(2), 309(k)(3).
19 For example, we do not find here that the Licensee's operation of the Stations "was conducted in an exceedingly 
careless, inept and negligent manner and that the licensee is either incapable of correcting or unwilling to correct the 
operating deficiencies." See Heart of the Black Hills Stations, Decision, 32 FCC 2d 196, 198 (1971).   Nor do we 
find on the record here that "the number, nature and extent" of the violations indicate that "the licensee cannot be 
relied upon to operate [the stations] in the future in accordance with the requirements of its licenses and the 
Commission's Rules." Heart of the Black Hills Stations, 32 FCC 2d at 200.  See also Center for Study and 
Application of Black Economic Development, Hearing Designation Order, 6 FCC Rcd 4622 (1991), Calvary 
Educational Broadcasting Network, Inc., Hearing Designation Order, 7 FCC Rcd 4037 (1992).
Federal Communications Commission  DA 07-3903
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hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand
dollars ($7,000) for its apparent willful and repeated violations of Section 73.3539 of the Commissions 
Rules and Section 301 of the Communications Act of 1934, as amended. 
10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commissions Rules, that, 
within thirty (30) days of the release date of this NAL, Lea County Broadcasting Co. SHALL PAY the 
full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.  
11. Payment of the proposed 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 in the caption above.  Payment by check or money order may be mailed to Federal 
Communications Commission, at P.O. Box 358340, Pittsburgh, Pennsylvania 15251-8340.  Payment by 
overnight mail may be sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
Pennsylvania 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 Office of the Secretary, Federal Communications 
Commission, 445 12th Street, S.W., Washington D.C. 20554, ATTN: Peter H. Doyle, Chief, Audio 
Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
13. The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the respondent 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 
respondents 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 full payment of the forfeiture proposed in this NAL under the installment 
plan should be sent to: Associate Managing Director-Financial Operations, 445 12th Street, S.W., Room 
1-A625, Washington, D.C. 20554.20
15. IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of 
1934, as amended, that the license renewal applications of Lea County Broadcasting Co. for Stations
KLEA(AM) and KLEA-FM, Lovington, New Mexico (File Nos. BR-20051006ABF and BRH-
20051006ABG) ARE GRANTED.
16. IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and 
Certified Mail, Return Receipt Requested, to Ms. Susan Coe, Lea County Broadcasting Co., P.O. Box 
877, Lovington, New Mexico 88260.  
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau
  
20 See 47 C.F.R.  1.1914.