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


In the Matter of                 )
                                )
Jamie Patrick Broadcasting,      )       File Number EB-01-OR-212
Ltd.                             )
KTRY-FM                          )     NAL/Acct.No.  200232620002 
Bastrop, Louisiana               )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released: November 27, 2001

By the Enforcement Bureau, New Orleans Field Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Jamie  Patrick Broadcasting,  Ltd. (``Jamie  Patrick'') 
apparently violated Sections 1.89(b), 11.35(a), and 73.3526(a)(2) 
of the Commission's  Rules (``Rules'') by  failing to respond  to 
Commission  correspondence,  failing   to  install  and   operate 
Emergency  Alert  System  (``EAS'')  equipment,  and  failing  to 
maintain a  public  inspection  file.1  We  conclude  that  Jamie 
Patrick is apparently liable  for a forfeiture  in the amount  of 
twenty-two thousand dollars ($22,000).

                         II.  BACKGROUND

     2.   On July 11, 2001, an  agent from the New Orleans  Field 
Office  (``Field   Office'')   inspected  KTRY-FM   in   Bastrop, 
Louisiana.  During this inspection, the agent determined that the 
EAS  equipment  was  not  installed  and  there  was  no   public 
inspection file available.

     3.   On July 26, 2001, the  Field Office issued a Notice  of 
Violation (``NOV'') to Jamie  Patrick citing these  deficiencies.  
The Field Office received no reply to this notice.  On  September 
19, 2001,  the Field  Office  sent a  letter by  Certified  Mail, 
Return Receipt Requested to  Jamie Patrick.  This  correspondence 
stated that no reply had been received to the NOV issued on  July 
26, 2001,  and included  a copy  of the  NOV.  Additionally,  the 
letter cautioned  the licensee  concerning  failure to  reply  to 
Commission  correspondence.   A  signed  Certified  Mail  Receipt 
evidenced  delivery   of   the   letter.   No   reply   to   this 
correspondence or the original NOV has been received. 

                        III.  DISCUSSION

     4.  Section  1.89(b)  of the  Rules,  47 C.F.R.    1.89(b), 
requires licensees to  respond in  writing within  ten days  from 
receipt of a notice from the  Commission or such other period  as 
may be specified. 

     5.  Section 11.35(a)  of the  Rules, 47  C.F.R.   11.35(a), 
states in part that, ``[b]roadcast stations and cable systems and 
wireless systems 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 and systems are in operation.''

     6.   Finally,  Section  73.3526(a)(2)  of  the  Commission's 
Rules, 47 C.F.R. 73.3526(a)(2),  states in part that,  ``[e]very 
permittee or licensee of an AM, FM, TV, or Class A TV station  in 
the  commercial  broadcast  services  shall  maintain  a   public 
inspection file.''

     7. Based  on the  evidence  before us,  we find  that  Jamie 
Patrick willfully2 violated  Sections 11.35(a) and  73.3526(a)(2) 
of the Rules by failing to  have EAS equipment installed so  that 
monitoring and transmitting functions were available and  failing 
to maintain a public inspection file.  In addition, we find  that 
Jamie Patrick willfully violated Section 1.89(b) of the Rules  by 
failing to  respond to  the Notice  of Violation  dated July  26, 
2001, or our correspondence dated September 19, 2001.

     8. Pursuant to Section 1.80(b)(4) of the Commission's Rules, 
the base forfeiture amount for  failure to respond to  Commission 
communications is $4,000, the base forfeiture amount for  failure 
to install and have operational EAS equipment is $8,000, and  the 
base forfeiture amount for violation of the public file rules  is 
$10,000.3  Section 503(b)(2)(D)  of the Act  requires us to  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 Applying  Section 
1.80(b)(4) of  the Rules  and statutory  factors to  the  instant 
case, we find no compelling  evidence to support any  adjustments 
to the base forfeiture amounts.  Therefore, a total forfeiture in 
the amount of $22,000 is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6  Jamie 
Patrick Broadcasting,  Ltd. is  hereby NOTIFIED  of its  APPARENT 
LIABILITY FOR A FORFEITURE in  the amount of twenty-two  thousand 
dollars ($22,000)  for  willful violation  of  Sections  1.89(b), 
11.35(a), and 73.3526(a)(2) of the Commission's Rules.7

     11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules,8 within thirty  days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Jamie Patrick Broadcasting, 
Ltd. 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. referenced in the letterhead above.

     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 in the letterhead 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. 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, S.W.,  Washington, 
D.C. 20554.9 

     16. IT IS  FURTHER ORDERED  THAT a  copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Jamie Patrick Broadcasting, Ltd. at 328 West Madison 
Avenue, Bastrop, Louisiana 71220.


                              FEDERAL COMMUNICATIONS COMMISSION





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

1 47 C.F.R.  1.89, 11.35(a), and 73.3526(a)(2)
2 Section 3132(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 commission or omission of 
any act, means that conscious and deliberate commission or 
omission of such an act, irrespective of any intent to violate 
any provision of this Act....'' See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 47 C.F.R.  1.80(b)(4)
4 47 U.S.C.  503 (b)(2)(D)
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 47 C.F.R.  1.89(b), 11.35(a), and 73.3526(a)(2)
8 47 C.F.R.  1.80.
9 See 47 C.F.R.  1.1914.