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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Tarrant Radio Broadcasting, Inc.)          File No. EB-01-DL-0813
Radio Station KZEE              )      NAL/Acct. No. 200232500003
Weatherford, TX                 )                FRN 0006-7721-56
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                           Released: May 24, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that  Tarrant   Radio  Broadcasting,  Inc.   (``Tarrant''), 
licensee of  AM broadcast  station  KZEE in  Weatherford,  Texas, 
willfully and repeatedly  violated Section  73.1560(a)(1) of  the 
Commission's Rules (``Rules'')1 by operating station KZEE with an 
antenna input  power at  a  level more  than 105%  of  authorized 
power.   We  conclude  that  Tarrant  is  apparently  liable  for 
forfeiture in the amount of four thousand dollars ($4,000).

                        II.  BACKGROUND 

     2.   On November  8 and  11, 2001,  the Commission  received 
complaints alleging that station  KZEE(AM) in Weatherford,  Texas 
did not reduce antenna  input power after  sunset as required  by 
the station's license.  KZEE's license authorizes operation at  a 
daytime power level of 500 watts and a nighttime power level of 8 
watts.  KZEE's post-sunset authorization specifies, for the month 
of January, a power  level of 18.2 watts  from 5:45 P.M. to  6:45 
P.M., and 8.5 watts from 6:45 P.M. to 7:45 P.M. local time.

     3.   On January  9, 2002,  agents from  the FCC  Enforcement 
Bureau's Dallas  Field  Office  (``Dallas  Office'')  made  field 
strength measurements  of KZEE's  signal from  5:22 P.M.,  before 
local sunset,  to  9:25  P.M.,  well  after  local  sunset.   The 
measurements revealed  that KZEE  operated at  the daytime  power 
level of 500 watts after sunset.

     4.   On January  24, 2002,  agents  from the  Dallas  Office 
again made  field  strength  measurements of  KZEE's  signal  and 
inspected the KZEE  transmitter facilities.   The inspection  and 
measurements revealed that the  KZEE transmitter operated  during 
the daytime at  130 percent of  the station's authorized  daytime 
power of  500 watts.   During the  inspection, station  personnel 
stated that they did  not know how  to operate the  transmitter's 
remote control  and that  station personnel  did not  adjust  the 
transmitter power level.

     5.   On February  5,  2002,  the  Dallas  Office  issued  to 
Tarrant a Notice of Violation for overpower operation of KZEE  in 
violation of  73.1560(a)(1).  In  its  response dated  March  12, 
2002, Tarrant's counsel admitted the violation and stated  ``This 
violation has been corrected by the station manually signing  off 
at sunset  and  not  operating at  all  during  nighttime  hours.  
Further, the operators and the  Burk remote control unit will  be 
able to reduce  power to proper  nighttime power levels  whenever 
nighttime operation is  desired.  With the  repair of the  output 
network, new base  current meters have  been installed to  enable 
the accurate direct measurement and  setting of power levels  for 
all modes of operation.''

                        III.  DISCUSSION

     6.   Section  73.1560(a)(1)   of  the   Rules  requires   AM 
broadcast stations to maintain the antenna input power as near as 
practicable to  the authorized  antenna input  power but  not  to 
exceed 105% of the authorized power.  On January 9, 2002, Tarrant 
operated station KZEE with antenna input power greater than  105% 
of the authorized level by not reducing power to authorized post-
sunset and nighttime power levels  after sunset.  On January  24, 
2002, Tarrant operated station KZEE  with antenna input power  at 
130% of the authorized daytime power of 500 watts.

     7.   Based on  the  evidence  before us,  we  find  that  on 
January 9  and  24,  2002,  Tarrant  repeatedly2  and  willfully3 
violated Section  73.1560(a)(1)  of  the  Commission's  rules  by 
operating  with  antenna  input   power  greater  than  105%   of 
authorized power.

     8.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount is $4,000 for exceeding authorized power limits 
(i.e. operating station  KZEE with  an antenna input  power at  a 
level more than  105% of  authorized power).4   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 
Communications Act of 1934, as amended (``Act''),5 which  include 
the  nature,   circumstances,   extent,  and   gravity   of   the 
violation(s), 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.   Considering  the 
entire record and applying the  statutory factors to the  instant 
case, a $4,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Tarrant Radio  Broadcasting, Inc. is  hereby NOTIFIED  of 
its APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  four 
thousand dollars  ($4,000) for  operating  station KZEE  with  an 
antenna input power at a level more than 105% of authorized power 
in willful and repeated violation of Section 73.1560(a)(1) of the 
Rules.

     10.  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,  Tarrant Radio  Broadcasting, 
Inc. 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 forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago,  IL  60673-7482.   The  payment should  note  the 
NAL/Acct. No. and FRN referenced in the letterhead above.

     12.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington, DC  20554,  Attn: Enforcement  Bureau  - 
Technical and  Public  Safety  Division,  and  MUST  INCLUDE  THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     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  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, SW, Washington, DC  
20554.8

     15.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Tarrant Radio Broadcasting, Inc. at P.O. Box  92903, 
Southlake, TX  76092.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         District  Director   -  Dallas   Office, 
Enforcement Bureau

_________________________

1 47 C.F.R.  73.1560(a)(1)
2 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies to 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.
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503(b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.