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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     Tabback Broadcasting Co.       )     File Number: EB-07-SD-319  
                                                                     
     Licensee of Station KAZM(AM)   )   NAL/Acct. No.: 200832940001  
                                                                     
     Sedona, Arizona                )               FRN: 0003707825  
                                                                     
     Facility ID # 64494            )                                
                                                                     
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 21, 2007

   By the District Director, San Diego Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Tabback Broadcasting Co. ("Tabback"), licensee of station
       KAZM(AM), in Sedona, Arizona, apparently willfully and repeatedly
       violated Section 73.1745(a) of the Commission's Rules ("Rules") by
       failing to operate KAZM(AM) in accordance with the station's
       authorized power, hours of operation and directional antenna pattern
       as specified. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Tabback is
       apparently liable for a forfeiture in the amount of seven thousand
       dollars ($7,000).

   II. BACKGROUND

    2. KAZM(AM) is authorized to operate with a non-directional antenna
       pattern on 780 kHz with 5,000 watts during daytime hours and 250 watts
       during nighttime hours with a directional antenna pattern. Daytime is
       defined as the "period of time between local sunrise and local sunset"
       and nighttime is defined as the period "between local sunset and local
       sunrise." In Sedona, Arizona, during the month of October, local
       sunrise occurs at 6:30 a.m. and local sunset occurs at 6:00 p.m. and
       for the month of November, local sunrise occurs at 7:00 a.m. and local
       sunset occurs at 5:30 p.m.

    3. On October 30, 2007, in response to a complaint from another licensee
       of nighttime interference from KAZM(AM) an agent from the Enforcement
       Bureau's San Diego Office monitored KAZM(AM) and measured its field
       strength levels. The agent also monitored KAZM(AM) and took multiple
       field strength measurements on October 31, 2007, November 1, 2007, and
       November 2, 2007, at multiple locations around the KAZM(AM)
       transmitter site.

    4. On October 30, 2007, the San Diego agent's measurements and monitoring
       revealed that KAZM(AM) reduced its power at 7:03 p.m., to
       approximately 1000 watts, and maintained that power throughout the
       nighttime hours. On October 31, 2007, the agent's measurements and
       monitoring revealed that KAZM(AM) reduced its power at 7:24 p.m., to
       approximately 1000 watts, maintained that power throughout the
       nighttime hours, and failed to change from its non-directional daytime
       pattern to its authorized nighttime directional pattern.

    5. On November 1, 2007, the agent's measurements and monitoring revealed
       that KAZM(AM) reduced its power at 7:06 p.m., to approximately 1000
       watts, maintained that power throughout the nighttime hours, and
       failed to change from its non-directional daytime pattern to its
       authorized nighttime directional pattern. On November 2, 2007, the
       agent's measurements and monitoring revealed that KAZM(AM) reduced its
       power at 5:32 p.m., to approximately 1000 watts, maintained that power
       throughout the nighttime hours, and failed to change from its
       non-directional daytime pattern to its authorized nighttime
       directional pattern. The monitoring performed by the San Diego agent
       also revealed that commercial programming was being broadcast by
       KAZM(AM) during the nighttime hours of October 30, 2007 to November 2,
       2007.

    6. On November 2, 2007, the San Diego agent conducted an inspection of
       KAZM(AM) and interviewed the owner of Tabback, the station's licensee.
       The agent advised the owner that the inspection was in response to a
       complaint from another licensee of nighttime interference. The owner
       provided the San Diego agent with copies of eight letters that Tabback
       had sent to "FCC, Broadcast Bureau, AM Branch" in Washington DC.
       Theses letters were dated between February 14, 2007, and October 24,
       2007. The letters advised that KAZM was operating at 1000 watts
       non-directional at nighttime for emergency purposes in order "to
       service people in our market, who lose our signal at night, about
       dangerous driving conditions and road closures caused by storm
       activity and highway construction." The letter concluded "KAZM will
       continue aforementioned nighttime operation until storm and dangerous
       road conditions subside." The letters stated that the change in
       nighttime parameters was taken in accordance with "FCC regulation
       73.1250."

   III. DISCUSSION

    7. 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.

    8. The Rules state that each licensee is responsible for maintaining and
       operating its broadcast station in a manner which complies with the
       technical rules and in accordance with the terms of the station
       license. Specifically, Section 73.1745(a) of the Commission's Rules
       states that no broadcast station shall operate at times or with modes
       or power, other than those specified and made part of the license.
       KAZM(AM) is authorized to operate with a non-directional antenna
       pattern on 780 kHz with 5,000 watts during daytime hours and 250 watts
       during nighttime hours with a directional antenna pattern.

    9. Between October 30, 2007, and November 2, 2007, monitoring and
       measurements by a San Diego agent revealed that KAZM(AM) was not
       reducing its operating power to 250 watts in a directional pattern at
       sunset, as required by its authorization. Despite assertions by
       KAZM(AM)'s owner that the station's over-power nighttime operation was
       covered by the "emergency" provisions of Section 73.1250 of the Rules,
       we find that none of the letters referenced "emergency" operations
       between October 30, 2007 and November 2, 2007, and that KAZM(AM)
       broadcasted commercial programming during the nighttime hours of that
       period, in contravention of the requirements of Section 73.1250.
       Tabback was aware of the requirement to operate KAZM(AM) at the power
       levels, hours of operation, and nighttime directional pattern
       authorized on its license, but failed to do so.  Therefore, the
       violation was willful. The violation occurred on more than one day,
       therefore, the violation was repeated.

   10. 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 and the
       base forfeiture amount for failure to maintain a directional pattern
       within prescribed parameters is $7,000. 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. While KAZM(AM) was operating with both excessive power
       and an improper non-directional pattern at night, we believe both
       violations are part of the same action. Consequently, applying the
       Forfeiture Policy Statement, Section 1.80, and the statutory factors
       to the instant case, we conclude that Tabback  is apparently liable
       for a  $7,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Tabback Radio Corporation is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven  thousand dollars ($7,000) for violations of Section
       73.1745(a) of the Rules.

   12. 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, Tabback Radio Corporation
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. 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.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Diego Office, 4542
       Ruffner St., Suite 370, San Diego, California, 92111 and must include
       the NAL/Acct. No. referenced in the caption.

   15. 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.

   16. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   17. 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 Tabback Radio Corporation at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears Jr.

   District Director

   San Diego Office

   Western Region

   Enforcement Bureau

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

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

   Authorized power levels, directional antenna pattern and hours of
   operation are specified within station

   license BL-811119AA. The directional antenna pattern is designed to
   protect the nighttime service of co-channel radio stations KKOH(AM) in
   Reno, Nevada (null along the 333.5DEG radial) and WBBM(AM) in Chicago,
   Illinois (null along the 66.5DEG radial).

   47 C.F.R S: 73.14.

   All times indicated are local Mountain Standard Time.

   47 C.F.R. S: 73.1250.

   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."

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

   Section 73.1250(f) of the Rules allows AM broadcast stations to use "their
   full daytime facilities during nighttime hours to broadcast emergency
   information . . ., when necessary to the safety of life and property, in
   dangerous conditions of a general nature and when adequate advance warning
   cannot be given with the facilities authorized. Because of skywave
   interference impact on other stations assigned to the same channel, such
   operation may be undertaken only if regular, unlimited-time service, is
   non-existent, inadequate from the standpoint of coverage, or not serving
   the public need. All operation under this paragraph must be conducted on a
   noncommercial basis. Recorded music may be used to the extent necessary to
   provide program continuity." 47 C.F.R. S: 73.1250(f).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission