Eric Rhoads' Blog
New Mexico FM Draws $20k Fine
November 13, 2009: The FCC's Enforcement Bureau has issued a $20,000 forfeiture order to Hodson Broadcasting for operating KHOD-FM/Des Moines, NM, at variance from its authorization.
The bureau issues two separate $10,000 notices of apparent liability to Hodson, in November 2008 and April 2009.
Hodson was granted the construction permit for the station in 2006 and applied to modify the permit in February of this year. The modification application was dismissed, and the permit expired in June.
In June 2008, after complaints, a Denver field agent found the station operating, but from Raton, NM, about 34 miles from its authorized location in Des Moines. The agent found that there was no STA allowing KHOD to operate in Raton, and Hodson's owner acknowledged that the station's signal could not reach Des Moines. A $10,000 notice of apparent liability was issued.
Complaints at the end of 2008 led to more investigation, and in December 2008, the station was once again found to be operating in Raton. Hodson shut down and requested an STA to resume broadcasting, and that STA was denied. But in January of this year, the station was found to be back on the air and a second $10,000 NAL was issued.
The FCC dismisses Hodson's arguments that it filed modification applications and an STA, both filings were denied and neither gave the company authority to operate KHOD. Hodson also claimed inability to pay, but the FCC rejected that as well and affirms the $20,000 forfeiture.
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