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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )                               
                                     File Number: EB-07-KC-017  
     127, Inc.                  )                               
                                                NAL/Acct. No:   
     Licensee of Station KLFJ   )                 200732560001  
                                                                
     Springfield, Missouri      )              FRN: 0011407814  
                                                                
     Facility ID # 17137        )                               
                                                                
                                )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                           Released: 3/7/2007

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that 127, Inc., licensee of station KLFJ, in Springfield, MO,
       apparently willfully and repeatedly violated Section 73.1745(a)  of
       the Commission's Rules ("Rules")  by operating overpower during
       nighttime hours. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that 127, Inc. is
       apparently liable for a forfeiture in the amount of eight thousand
       dollars ($8,000).

   II. BACKGROUND

    2. On December 13 and 14, 2005, agents from the Commission's Kansas City
       Office of the Enforcement Bureau ("Kansas City Office") monitored
       station KLFJ's signal and determined that the station was operating
       inconsistent with the terms of its station authorization by
       transmitting with a power of 1125 watts during night time hours. The
       Kansas City Office informed station KLFJ in writing of this violation
       in March 2006.

    3. On February 16, 2007, in response to a complaint of interference,
       which alleged that the station was operating overpower at night,
       agents from the Kansas City Office, inspected the main studio and
       transmitter site for station KLFJ. During the inspection, the contract
       engineer for the station operated the transmitter with nighttime
       power. According to the antenna current meter, the transmitter was
       operating with 152 watts during nighttime hours. The station's logs,
       which were based on the transmitter's power meter, stated that from
       January 1, 2007 until the inspection the station operated with over
       200 watts of power during nighttime hours.  The contract engineer
       stated he was aware that the station was operating overpower at night
       for several months, but that the station's power could not go any
       lower without going off the air. After the inspection, the chief
       contract engineer for the station stated that the reading from the
       antenna current meter was probably more reliable than the transmitter
       power meter, because the antenna current meter had been recently
       calibrated. Station KLFJ is authorized to operate with 28 watts
       nighttime power.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 73.1745(a) of the Rules provides that no broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license. Station KLFJ is authorized
       to operate with 28 watts nighttime power. 127, Inc. had been reminded
       in writing of its obligation to operate at power levels consistent
       with its station authorization  in 2006. At the time of inspection, on
       February 16, 2007, the station's nighttime power was 206 watts
       according to the power meter on the transmitter, and 152 watts based
       on the antenna current metering. The contract engineer for the station
       admitted that the station had been operating overpower at night for
       several months, because the transmitter could not go any lower without
       the transmitter going off the air. The station's logs confirmed that
       the station was operating with more than 28 watts nighttime power at
       least between January 1, 2007 and February 15, 2007.  Based on the
       evidence before us, we find that 127, Inc.  apparently willfully and
       repeatedly violated Section 73.1745(a) of the Rules by operating
       station KLFJ overpower during nighttime hours.

    6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for exceeding power limits is $4,000. 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
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. 127, Inc. operated overpower at
       night in December 2005 and knowingly repeated this violation at least
       from the beginning of January 1, 2007. Given that apparently this is
       127, Inc.'s second repeated and willful violation of Section
       73.1745(a) of the Rules, we conclude that it appropriate to increase
       the proposed forfeiture above the base amount. Applying the Forfeiture
       Policy Statement, Section 1.80, and the statutory factors to the
       instant case, we conclude that 127, Inc.  is apparently liable for an
       eight thousand dollar ($8,000) forfeiture.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, 127, Inc. is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of eight
       thousand dollars ($8,000) for violations of Section 73.1745(a) of the
       Rules.

    8. 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 for Forfeiture, 127, Inc.  SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. Payment of the 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 above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Kansas City
       Office, 520 N.E. Colbern Rd., 2^nd Floor, Lees Summit, MO 64086 and
       must include the NAL/Acct. No. referenced in the caption.

   11. 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.

   12. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.^8

   13. IT IS FURTHER ORDERED  that a copy of this Notice of Apparent
       Liability for Forfeiture shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to 127, Inc.  at  its  address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Robert C. McKinney

   District Director

   Kansas City  Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 73.1745(a).

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

   The agents did not inspect the station's logs prior to January 1, 2007.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1745(a).

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission