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

In the Matter of                  )
                                 )
L.T. Simes II & Raymond Simes     )
                                 )       File Number EB-02-OR-196
Licensee of FM Radio Station      )
KAKJ, Marianna, Arkansas, and     )      NAL/Acct.No. 200232620007
Owner of Unregistered Antenna     )
Structure Located at 34 47'      )               FRN 0007-2844-17
20'' N Latitude by 090 47'       )
08'' W Longitude near Marianna,   )
Arkansas                          )

West Helena, Arkansas


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: July 22, 2002

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.    In   this  Notice   of  Apparent   Liability  for 
Forfeiture (``NAL''), we find L.T.  Simes II & Raymond Simes 
(``Simes''), licensee  of FM  radio station  KAKJ, Marianna, 
Arkansas,  and  owner   of  unregistered  antenna  structure 
located at 34 47' 20'' North latitude by 090 47' 08'' West 
longitude near  Marianna, Arkansas, apparently liable  for a 
forfeiture  in  the  amount   of  fifteen  thousand  dollars 
($15,000)  for  willful   violation  of  Sections  11.35(a), 
17.4(a),   and   73.1350(a)   of  the   Commission's   Rules 
(``Rules'').1 Specifically, we find  L.T. Simes II & Raymond 
Simes  apparently liable  for  failing  to ensure  Emergency 
Alert   System  (``EAS'')   equipment   was  installed   and 
operational,  failing to  register  their antenna  structure 
with   the  Commission,   and  failing   to  construct   the 
transmitter  site  and  antenna structure  at  its  licensed 
geographical coordinates.

                       II.  BACKGROUND

     2.   On May 22, 2002, an agent from the FCC Enforcement 
Bureau's New Orleans Office inspected station KAKJ's antenna 
structure at a location determined by the agent to be at 34 
47' 20'' North latitude by 090 47' 08'' West longitude near 
Marianna,  Arkansas.   No   Antenna  Structure  Registration 
(``ASR'') number was observed anywhere  near the base of the 
structure.

     3.   On May  23, 2002, the agent  inspected the studios 
of  KAKJ  in  West  Helena,  Arkansas,  accompanied  by  the 
licensee, Mr. Raymond Simes.  At the time of the inspection, 
the  station  did  not   have  EAS  equipment  installed  or 
operational.  There were no station logs that would indicate 
the EAS equipment had been removed for repairs or that there 
had  ever  been  operational   EAS  equipment  used  at  the 
station.2   Additionally,  Mr.   Simes  confirmed  that  the 
antenna structure  observed on  May 22, 2002  near Marianna, 
Arkansas supported the transmitting antenna for KAKJ and was 
owned by the licensee. The KAKJ station authorization showed 
the antenna structure to be at  least 330 feet in height and 
located  at  geographical  coordinates 34  47'  14''  North 
latitude by 090  46' 03'' West longitude.   This places the 
actual  location of  the KAKJ  transmitter site  and antenna 
structure  approximately one  mile  West  of the  authorized 
location.  Finally,  Mr. Simes stated that  he believed that 
the structure was properly  registered, but could provide no 
documentation to support this claim.

     4.   On June 14, 2002, a search of the Commission's ASR 
database did not  find any records to show  that the antenna 
structure  for  station KAKJ  had  been  registered, or  any 
applications filed to register the structure.

                      III.  DISCUSSION

     5.    Section 11.35(a)  of  the Rules  sets forth  that 
broadcast  stations are  responsible for  ensuring that  EAS 
encoders, EAS  decoders and 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  are in operation.  On May 23, 
2002, there was no installed or operational EAS equipment at 
the studios of KAKJ.

     6.    Section   17.4(a)  of  the  Rules   states  that, 
``[e]ffective July  1, 1996,  the owner  of any  proposed or 
existing antenna structure that  requires notice of proposed 
construction   to   the  Federal   Aviation   Administration 
(``FAA'') must register the structure with the Commission.''  
Simes  owned the  antenna structure  used as  part of  radio 
station KAKJ.   This structure  required notice to  the FAA, 
and thus required registration  with the Commission, because 
the structure height  exceeded 200 feet.  On  June 14, 2002, 
there  were  no  Commission  records  indicating  that  this 
structure had been registered.

     7.   Section 73.1350(a) of the Rules requires that each 
licensee is  responsible for  maintaining and  operating its 
broadcast  station  in  accordance  with the  terms  of  the 
station authorization.  On May  22, 2002, KAKJ's transmitter 
site  and antenna  structure  were found  to  be located  at 
geographical coordinates  34 47'  20''N Latitude,  090 47' 
08''W Longitude,  approximate one  mile from  the authorized 
location  of   34  47'  14''N  Latitude,   090  46'  03''W 
Longitude.

     8.   Based on  the evidence  before us,  we find  Simes 
willfully3   violated   Sections  11.35(a),   17.4(a),   and 
73.1350(a)  of  the Rules  by  failing  to ensure  that  EAS 
equipment was installed and  operational at KAKJ, by failing 
to register  KAKJ's antenna  structure with  the Commission, 
and by  failing to operate  in accordance with the  terms of 
the station  authorization as the KAKJ  transmitter site and 
antenna  structure were  not  at  the licensed  geographical 
coordinates.

     9.   Pursuant to Section  1.80(b)(4) of the Rules,4 the 
base forfeiture  amount for  EAS equipment not  installed or 
operational  is  $8,000,  the  base  forfeiture  amount  for 
failing to  register its antenna structure  (failure to file 
required  forms  or information)  is  $3,000,  and the  base 
forfeiture amount for operating  at an unauthorized location 
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 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.''5  Considering  the entire 
record  and applying  the  factors listed  above, this  case 
warrants a $15,000 forfeiture.

                    IV.  ORDERING CLAUSES

     10.    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 L.T. Simes  II & Raymond Simes is hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount  of fifteen  thousand dollars  ($15,000) for  willful 
violation of  Sections 11.35(a), 17.4(a), and  73.1350(a) of 
the  Rules  by failing  to  ensure  that EAS  equipment  was 
installed  and  operational  at  station  KAKJ,  failing  to 
register KAKJ's  antenna structure with the  Commission, and 
failing  to operate  in  accordance with  the  terms of  the 
station   authorization   by   failing  to   construct   the 
transmitter  site  and antenna  structure  for  KAKJ at  the 
licensed geographical coordinates.

     11.  IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, L.T.  Simes II & Raymond Simes SHALL  PAY the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 
forfeiture.

     12.  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.  Request for payment of  the full amount of NAL under 
an installment  plan should be  sent to: Chief,  Revenue and 
Receivable   Operations  Group,   445  12th   Street,  S.W., 
Washington, D.C.  20554.8

     13.  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.

     14.   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.  

     15.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to L.T. Simes II & Raymond Simes, P.O. Box 
2870, West Helena, Arkansas, 72390.




                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         




                              James C. Hawkins
                              District Director, New Orleans 
Office
                              Enforcement Bureau
_________________________

1 47 C.F.R.  11.35(a), 17.4(a), and 73.1350(a).
2 EAS activations and tests, failures 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 
11.61(b).
3 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 (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.