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


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


                        FORFEITURE ORDER

   Adopted:  September 9, 2002          Released:  September 11, 
2002

By the Chief, Enforcement Bureau:

                         I.   INTRODUCTON

     1.   In  this  Forfeiture   Order  (``Order''),we  issue   a 
monetary forfeiture  in  the  amount of  three  thousand  dollars 
($3,000)  to  Tarrant  Radio  Broadcasting,  Inc.  (``Tarrant''), 
licensee of  Station KZEE(AM) in Weatherford, Texas, for  willful 
and  repeated   violation  of   Section  73.1560(a)(1)   of   the 
Commission's Rules  (``Rules'').1  The  noted violation  involves 
Tarrant's operation  of Station  KZEE(AM) with  an antenna  input 
power at a level more than 105% of authorized power.

     2.   On May 24, 2002,  the Commission's Dallas, Texas  Field 
Office (``Dallas Office'') issued a Notice of Apparent  Liability 
for Forfeiture (``NAL'') in the  amount of four thousand  dollars 
($4,000) to Tarrant  for the  noted violation.   Tarrant filed  a 
response to the NAL on June 21, 2002.

                          II.  BACKGROUND

     3.   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(AM)'s license authorizes  operation 
at a daytime power level of 500 watts and a nighttime power level 
of 8 watts.  KZEE(AM)'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.

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

     5.   On January  24, 2002,  agents  from the  Dallas  Office 
again made field strength  measurements of KZEE(AM)'s signal  and 
inspected the  KZEE(AM) transmitter  facilities.  The  inspection 
and measurements revealed that the KZEE(AM) 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.  

     6.   On February 5, 2002, the Dallas Office issued a  Notice 
of Violation  (``NOV'') for  overpower operation  of KZEE(AM)  in 
violation of Section 73.1560(a)(1) of the Rules.  In its response 
to the NOV, Tarrant acknowledged the violation and indicated that 
it had been corrected.  On May 24, 2002, the Dallas Office issued 
an NAL in the amount of  $4,000 to Tarrant for operating  station 
KZEE(AM) with an  antenna input  power greater than  105% of  the 
authorized level  in willful  and repeated  violation of  Section 
73.1560(a)(1) of the Rules.  

     7.   In its response  to the  NAL, Tarrant  argues that  the 
forfeiture amount should be reduced.  In support of its argument, 
Tarrant states that its sole principals had never owned or worked 
at a  radio station  and only  assumed ownership  of KZEE(AM)  on 
October 23, 2001.  Further, Tarrant suggests that the owners made 
no changes to the operation of KZEE(AM) by November 8 and 11, two 
weeks later  when the  Commission received  complaints  regarding 
KZEE(AM)'s operation.  Moreover, Tarrant asserts that at the time 
of the agent's inspection, the owners had been in control of  the 
station for only three months and had hardly any time in which to 
correct the prior licensee's deficiencies.  In addition,  Tarrant 
states that KZEE(AM) was  time brokered from  the end of  October 
until the  end of  January 2002.   As a  result, argues  Tarrant, 
although Tarrant  was licensee  of Station  KZEE(AM), the  owners 
were ``complete  innocents.''   Tarrant acknowledges  that  there 
were repeated violations, but contends that had the licensee been 
notified of the violations after the January 9th inspection,  the 
violations would have ceased then.  Finally, Tarrant argues  that 
the forfeiture should be reduced  on the basis of the  licensee's 
history of overall compliance.

                         III.   DISCUSSION

     8.   The forfeiture  amount in  this  case was  assessed  in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended,  (``Act'')2  Section  1.80 of  the  Rules,3  and  The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd 17087 (1997), recon. denied,  15 FCC Rcd 303 (1999).   In 
examining Tarrant's response, Section 503(b) of the Act  requires 
that the Commission take into account 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.4

     9.   We  disagree  that  the  forfeiture  amount  should  be 
reduced because the licensee had  been in control of the  station 
for a  short  period of  time  at  the time  of  the  inspection.  
Tarrant's period  of  ownership  does not  provide  a  basis  for 
reduction of the forfeiture amount as the licensee is responsible 
for ensuring  compliance with  our rules.5   We also  reject  the 
licensee's argument  that the  repeated nature  of the  violation 
could have  been  avoided  by earlier  notice.   Tarrant  had  an 
obligation  to  ensure  that  it  was  in  compliance  with   the 
Commission's rules.  In any event,  the NAL did not increase  the 
$4,000 base amount on the grounds that the violation occurred  on 
two separate  days.   Finally,  Tarrant  argues  that  we  should 
consider its history  of overall compliance  with the Rules.   We 
will do so and reduce the $4,000 forfeiture to $3,000.

                       IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Rules,6  Tarrant Radio  Broadcasting, Inc.  IS LIABLE  FOR  A 
MONETARY FORFEITURE  in  the  amount of  three  thousand  dollars 
($3,000) for  operating Station  KZEE(AM) 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.

     11.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.7  
Payment shall be made by  mailing a check or similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the Federal Communications Commission,  P.O. Box 73482,  Chicago, 
Illinois 60673-7482.   The  payment  should  note  NAL/Acct.  No. 
200232500003 and  FRN 0006-7721-56.   Requests for  full  payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8

     12.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail,  Return Receipt Requested, to  Tarrant 
Radio Broadcasting, Inc. at P.O. Box 92903, Southlake, TX  76092, 
and to its counsel,  Allan G. Moskowitz,  Esq., Kaye Sholer  LLP, 
The McPherson Building, 901  Fifteenth Street, N.W.,  Washington, 
DC 20005-2327.

      
                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1 47 C.F.R.  73.1560(a)(1).
2 47 U.S.C.  503(b).
3 47 C.F.R.  1.80.
4 47 U.S.C.  503(b)(2)(D).
5 Sitka Broadcasting Co., Inc., 70 FCC 2d 2375, 2378 (1979).
6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
7 47 U.S.C.  504(a).
8 See 47 C.F.R.  1.1914.