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

In the Matter of                   )      File Number EB-03-DL-062
Petracom of Texarkana, L.L.C.      )     NAL/Acct. No.200332500006
Licensee of FM Radio Station KPGG  )
in                                 )                FRN 0005009881
Ashdown, Arkansas                  )

Lutz, Florida

                                       Released: May 2, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  Petracom of Texarkana, L.L.C. 
(``Petracom''), licensee of FM  radio station KPGG, Ashdown, 
Arkansas, apparently  liable for a forfeiture  in the amount 
of eight thousand dollars  ($8,000) for willful and repeated 
violation  of Section  11.35(a)  of  the Commission's  Rules 
(``Rules'').1   Specifically,  we find  Petracom  apparently 
liable for failure to  have Emergency Alert System (``EAS'') 
equipment installed.

                         II.  BACKGROUND

     2.   On  January  30,  2003,   agents  from  the  FCC's 
Enforcement  Bureau's  Dallas   Field  Office  inspected  FM 
station  KPGG in  Texarkana, Texas.  The agents'  inspection 
revealed  that   EAS  equipment  was  not   installed.   The 
station's operations manager stated that the station had EAS 
equipment but  that it was  not installed.  An entry  in the 
station  records  stated that  the  EAS  equipment had  been 
removed for repair on October 16, 2002.  The station records 
had  no  other entries  indicating  the  equipment had  been 
returned  to service,  and no  entries of  any EAS  tests or 
reasons for failure  to receive such tests.  No  record of a 
request by  Petracom for additional  time to repair  the EAS 
equipment had been  received by the Bureau's  Dallas and New 
Orleans offices.

                      III.  DISCUSSION

     3.   Section   11.35(a)   states   that   ``[b]roadcast 
stations ... are responsible for ensuring that EAS Encoders, 
EAS  Decoders,  Attention  Signal generating  and  receiving 
equipment used as part of the  EAS are installed so that the 
monitoring and  transmitting functions are  available during 
the times the  stations and systems are  in operation.''  On 
January  30, 2003,  Petracom  failed to  have EAS  equipment 
installed  at  FM  radio   station  KPGG.   Station  records 
indicated the  equipment had  been removed from  service 106 
days prior  to the  date of inspection,  yet no  request for 
additional time to repair the equipment had been made to the 
District  Director  of  either  the Dallas  or  New  Orleans 
Office.2  Also, station records  contained no entries of EAS 
tests, activations  or reasons for failures  to conduct such 
tests during this period.3

     4.   Based on the evidence  before us, we find Petracom 
willfully4 and repeatedly5 violated  Section 11.35(a) of the 
Rules  by  failing  to  have  EAS  equipment  installed  and 
operational from  at least  October 16, 2002,  until January 
30, 2003.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base  forfeiture amount  for failure  to have  EAS equipment 
installed  and  operational  is $8,000.   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 Communications Act of  1934, as amended (``Act''), which 
include the  nature, circumstances,  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  other  such  matters  as  justice  may  require.7  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the Rules,9 Petracom  of Texarkana, L.L.C. is hereby 
amount of  eight thousand  dollars ($8,000) for  willful and 
repeated  violation  of Section  11.35(a)  of  the Rules  by 
failing to have EAS equipment installed and operational..

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Petracom SHALL PAY the full amount of the proposed 
forfeiture  or  SHALL  FILE   a  written  statement  seeking 
reduction or cancellation of the proposed forfeiture.

     8.   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,  Illinois 60673-7482.  
The payment should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.10

     9.   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  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above.  

     10.  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 

     11.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Petracom  of Texarkana, L.L.C., 1527 N. 
Dale Mabry Hwy, Lutz, Florida 33549.   


                         James D. Wells
                         District Director, Dallas Office
                         Enforcement Bureau


1 47 C.F.R.  11.35(a).

2 See 47 C.F.R.  11.35(c).

3 EAS activations and tests, failure to receive such tests 
and EAS equipment malfunctions must be recorded in the 
station log.  See 47 C.F.R.  11.35(a)-(b), 11.55(c)(7) and 

4 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 . . . .''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387-88 

5 The 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.''  47 
U.S.C.  312(f)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.