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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.