New radio station lacking federal authorization

I think it is great you are still broadcasting Richard but you get what you give. Your steamroller tactics are too hard to take. I wish you weren't having these issues because I was once a trailbrazer. You can't deny your are not a drunk and a awful boss.Just remember who was actually there in the ashes with you and how you treated them in the end & why they are bad mouthing you now. when I lost my scholarship because people found out I was helping so many hours you did not reach into your pocket and help me fix my car, instead you drug me out of the studio when I had no way to go somewhere else.That being said I am glad you can stand the heat and I do wish you well. Good luck with that really Richard.

You are the fire and the man. Luckily hardly anyone reads this. You got to love someone that never gives up on his dream no matter how much of a nightmere it becomes I will give you that. Even those that knock you the most actually love your radio station and you. The broken heart strike out sometimes. I can't get my stations where I live. I am glad you are on the air and maybe you will think about modifying your steam roller boss techniques so you can keep help. Train them & pay them.

the fact is Richard has no leg or legs to stand on. by his inability to read and comprehend the rules he has sawed off his legs.
his continued defiance of the F.C.C. will also not help any future applications.
his position in not sustainable. he is not being railroaded -he was simply required to follow the rules.
now the next step in the tool bag of the F.C.C may be to issue a $10,000.00 penalty to the owners of the El Portal . a tactic they can use to their advantage. daily digest today
JEAN CLERVEAU AND JOCELYN EDWARDS. Issued a monetary forfeiture in the amount of $10,000 to Jean Clerveau and Jocelyn Edwards for providing services and facilities incidental to the operation of an unlicensed radio transmitter on the frequency 90.5 MHz in Brooklyn, New York. Action by: Regional Director, Northeast Region, Enforcement Bureau. Adopted: 10/19/2009 by Forfeiture Order.(DA No. 09-2239). EB DA-09-2239A1.doc DA-09-2239A1.pdf DA-09-2239A1.txt
See Joni K. Craig, Forfeiture Order, 21 FCC Rcd 10793 (EB 2006)(finding
that Craig, who provided the garage and real property on which the
operation took place, and provided the electric current used to power the
radio station, participated in the operation of the unlicensed station).
To the extent Clerveau and Edwards claim that other individuals were
living in their apartment, we note that we have previously held that
because Section 301 of the Act provides that "no person shall use or
operate" radio transmission equipment, liability for unlicensed operation
may be assigned to any individual taking part in the operation of the
unlicensed station, regardless of who else may be responsible for the
operation. See Jean L. Senatus, 20 FCC Rcd 14418 (EB 2005).
this in itself would show the owners to be a part in operation of an unlicensed station.
Mr Hodson has misspent his money and time as this station is a thing that has died. he has about a good of a chance of getting licensed as a pig flying.
he refuses to admit he is in wrong town or anything else.

Pirates don't pay their life savings to broadcast or participate in broadcast frequency auctions, nor take an official stand against the Federal Government via legal filings, when its business is trying to be railroaded and done wrong by the FCC.
where are you being railroaded?
why should everyone else in radio abide by the rules but you not have to?

Richard you have run out into the river willingly and now want to complain about the crocodiles
biting you on the butt.

richard said this tuesday

KHOD has returned to air, with the promise of commercial=free, twenty-one-in-a-row until the end of the year. Hodson Broadcasting has filed the appropriate paperwork with the FCC to move forward with this project and serve the community of Raton

just how are you serving Raton?

oh and Richard the most comical thing about all of your little farce is you do not know how to pronounce the city's name .

next time in town ask someone to teach you how to pronounce Raton.better yet get three or 4 people in and listen to them pronounce it.

what a dork you are!!!!!!!or are you disco duck?

THE EXPIRATION DATE IS FINAL !
Please note the expiration date on the construction permit. If the construction permit is an initial permit, with a file number prefix of BPH- or BPED- for FM stations or BP- for AM stations, then the expiration date is three years from the date of grant. If the construction permit is a modification, with a BMPH-, BMPED-, or BMP file number prefix, no expiration date may be shown on the new authorization. In this case, the expiration date of the original BPH- or BPED- construction permit remains in effect for the modification permit.

Before this date has passed, construction MUST be completed and a license application electronically filed to cover this permit unless the construction period has been approved for tolling. See 47 CFR 73.3598(b).

Please be aware that the filing of a modification application (see section below) will not extend the expiration date of a construction permit. Similarly, the filing of a petition for rulemaking to change an allotment in the FM commercial band will not extend the expiration date of a construction permit.

Once a license application is electronically filed to cover a construction permit, that pending license application automatically extends the expiration date of the construction permit until the staff acts on the license application. See 47 CFR 73.1620(c).

If construction is not completed and a license application not electronically filed prior to the expiration date, the construction permit is automatically forfeited and becomes null and void. The Commission's rules no longer require the staff to mail a letter to formally cancel a construction permit. See 47 CFR 73.3598(e)

.

Subpart H_Rules Applicable to All Broadcast Stations

Sec. 73.3598 Period of construction.

(a) Except as provided in the last two sentences of this paragraph,
each original construction permit for the construction of a new TV, AM,
FM or

, shall specify a period of three years from the date of
issuance of the original construction permit within which construction
shall be completed and application for license filed.

(b) The period of construction for an original construction permit
shall toll when construction is prevented by the following causes not
under the control of the permittee:
(1) Construction is prevented due to an act of God, defined in terms
of natural disasters (e.g., floods, tornados, hurricanes, or
earthquakes);
(2) The grant of the permit is the subject of administrative or
judicial review (i.e., petitions for reconsideration and applications
for review of the grant of a construction permit pending before the
Commission and any judicial appeal of any Commission action thereon), or
construction is delayed by any cause of action pending before any court
of competent jurisdiction relating to any necessary local, state or
federal requirement for the construction or operation of the station,
including any zoning or environmental requirement; or

in case he thinks his petition for reconsideration will have an effect this is key paragraph.

Please be aware that the filing of a modification application (see section below) will not extend the expiration date of a construction permit. Similarly, the filing of a petition for rulemaking to change an allotment in the FM commercial band will not extend the expiration date of a construction permit.

When did the construction permit expire? What will happen if he keeps broadcasting?

permit expired in June.

the next move when the petition is reviewed and found faulty(100% certainty of that)will be to notify him.
should he continue to broadcast they may do a rem arrest of his transmitter equipment.
before bidding on a new allotment he will have to pay all fines ,likewise should he try to buy an established signal(station).
he would also have to go thru a hearing to determine charactor issue.

Bad John you rock

thanks for all the info.

fcc lhttp://www.fcc.gov/eb/rfo/Act Act.htmlink:
the F.C.C.affirmed his fines and he will be required to pay full amounts.
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number: EB-08-DV-0216
Hodson Broadcasting )
NAL/Acct. Nos.: 200932800001
Permittee of KHOD(FM))
200932800004
Des Moines, New Mexico )
FRN: 0004297180
Facility ID # 165982 )
))
FORFEITURE ORDER
Adopted: November 10, 2009 Released: November 13, 2009
By the Regional Director, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of twenty thousand ($20,000) to Hodson Broadcasting
("Hodson"), permittee of station KHOD(FM) in Des Moines, New Mexico,
for willful and repeated violation of Section 73.1620 of the
Commission's Rules ("Rules"). On November 17, 2008, the Enforcement
Bureau's Denver Office issued a Notice of Apparent Liability for
Forfeiture ("2008 NAL") to Hodson in the amount of $10,000 after
determining that Hodson apparently willfully and repeatedly operated
KHOD(FM) at variance from its authorization. On April 21, 2009, the
Denver Office issued a second Notice of Apparently Liability for
Forfeiture ("2009 NAL") to Hodson in the amount of $10,000 for
continuing to operate KHOD)(FM) at variance from its authorization. In
this Order, we consider Hodson's arguments that it has filed
applications and requests for special temporary authority ("STA") to
legitimize its operation; that it should be treated as a small
business concern; and that it lacks the ability to pay the proposed
forfeiture amounts.
goes on to state.

Hodson argues that it lacks the ability to pay the two proposed
$10,000 forfeitures and submits three years of tax records to support
its claim. We have reviewed Hodson's records and its responses. We
note that Hodson's tax records, standing alone, may arguably support
its asserted inability to pay argument. While inability to pay a
forfeiture is one of the downward criteria we must consider pursuant
to the Forfeiture Policy Statement and Section 1.80, there are
multiple upward criteria we must also consider, including, among
others, intentional violation and repeated or continuous violation.
The further investigation by the Denver Office revealed that as of
October 3, 2009, Hodson continued to operate KHOD(FM) in Raton, New
Mexico. Hodson's intentional violation of the rules in constructing
KHOD(FM) at variance from its construction permit, as well as Hodson's
continuous and intentional operation of the station at variance from
its construction permit, outweigh any evidence of its inability to pay
the forfeitures. Applying the Forfeiture Policy Statement and Section
1.80 to the instant cases, we find that no reduction is warranted. We
therefore decline to decrease the forfeiture amounts and we order
Hodson to file a report with the Denver Office detailing its
compliance with its construction permit and this Order within 30 days
of the date of this Order.

wonder if he is planning on another fine.

Giving the finger to the FCC with one hand and begging for their charity with the other...

He's lucky they didn't add on another $10,000!

In the face of Hodson's attitude and behaviour, this seems rather generous:

"...we order Hodson to file a report with the Denver Office detailing its compliance with its construction permit and this Order within 30 days of the date of this Order."

So they're giving him ANOTHER chance to construct the approved tower and transmitter facilities? Even though the original permit is expired?

no just a chance to prove that he did build it right.like at 100kilowatts in Des Moines on sierra grande at the right height etc.
even if he built it overnight tonight it is too late. the F.C.C. has a hard wall on the date that the CPs expire (3 years from issue) they cannot back away from that date except in very narrow circumstances. none of which applies to him or KHOD

THE EXPIRATION DATE IS FINAL !
Please note the expiration date on the construction permit. If the construction permit is an initial permit, with a file number prefix of BPH- or BPED- for FM stations or BP- for AM stations, then the expiration date is three years from the date of grant. If the construction permit is a modification, with a BMPH-, BMPED-, or BMP file number prefix, no expiration date may be shown on the new authorization. In this case, the expiration date of the original BPH- or BPED- construction permit remains in effect for the modification permit.

Before this date has passed, construction MUST be completed and a license application electronically filed to cover this permit unless the construction period has been approved for tolling. See 47 CFR 73.3598(b).

(b) The period of construction for an original construction permit
shall toll when construction is prevented by the following causes not
under the control of the permittee:
(1) Construction is prevented due to an act of God, defined in terms
of natural disasters (e.g., floods, tornados, hurricanes, or
earthquakes);
(2) The grant of the permit is the subject of administrative or
judicial review (i.e., petitions for reconsideration and applications
for review of the grant of a construction permit pending before the
Commission and any judicial appeal of any Commission action thereon), or
construction is delayed by any cause of action pending before any court
of competent jurisdiction relating to any necessary local, state or
federal requirement for the construction or operation of the station,
including any zoning or environmental requirement; or

Thanks for the informative insight. From the earlier quote it seemed as if they were making a final ultimatum, 30 days or else, not completely giving up on Hodson yet. If he built the tower in two weeks and then on December 13th showed up with the appropriate paperwork...

So what does the FCC expect Hodson to do, file a form admitting to not building the proper tower? Do they really think he'll bother? And how much longer will the FCC drag their feet with regards to enforcement? Just wondering out loud, so to speak...

bad john wrote:

(2) The grant of the permit is the subject of administrative or
judicial review (i.e., petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), or construction is delayed by any cause of action pending before any court of competent jurisdiction relating to any necessary local, state or
federal requirement for the construction or operation of the station, including any zoning or environmental requirement; or

Could Hodson play this card? I recall reading there was difficulty with the New Mexico land commissioner - just a mention in the Range but no details.

I didn't catch the Range article but I know that I couldn't get any where with this land commissioner issue to put the tower up on the mt. When was that article? There were zoning issues on the mt. couldn't get it re-assessed. Not very assessible either. Radio is just a hobby for me but I find all of it facinating. I appreciate the information since I am on the outside now.the weather not to good for buiding the tower. They could get a tower up on the buiding for that because I was working on that one before I left the area. The building is not really good for running any business. No water and no good electricity or heat or plumbing. The mt is not assessible this time of year with it already snowing. I know he works another job in Las Vegas to support the station and only actually pays one employee. the rest volunteer when he can keep them. Be glad you don't work for him.Richard can't endure the weather so I do not see anything happening with the station come January.the conditions in the winter are really rough. I am not healthy enough to endure it again and I doubt Richard is either. He is working on that issue so yes he plans to play that card as far as I know. He was. We will see.Kinda all looks dead from here.