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


In the Matter of                  )
                                 )       File Number EB-04-OR-094
Jason Konarz                      )
Licensee of WQMA(AM)              )                      NAL/Acct. 
Marks, Mississippi                )
                                 )                No.200432620004
                                 )
                                                                 
                                                   FRN 0005015425

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  July 21, 
                                                        2004

By the District Director,  New Orleans Office, South Central 
Region, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Jason Konarz (``Konarz''), 
licensee of radio station WQMA(AM), Marks, Mississippi, 
apparently liable for a forfeiture in the amount of twenty 
thousand dollars ($20,000) for willful and repeated 
violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of 
the Commission's Rules (``Rules'').1  Specifically, we find 
Konarz apparently liable for failing to maintain operational 
Emergency Alert System (``EAS'') equipment, operating with 
excessive power and then failing to discontinue operation at 
night, and failing to make available for inspection all of 
the required materials in the station's public inspection 
file. 

II.   BACKGROUND 

     2.   On May 11, 2004, an agent of the FCC Enforcement 
Bureau's New Orleans Field Office (``New Orleans Office'') 
monitored WQMA(AM)'s signal from before sunset until 8:30 
p.m. Central Daylight Time (``CDT'').  The station's 
programming signed off at 7:20 p.m. CDT, however, it 
continued to transmit an un-modulated carrier until at least 
8:30 p.m. CDT.  The agent made field strength measurements 
of the station's signal during this time period and 
determined that WQMA(AM) failed to discontinue operation at 
8:00 p.m. CDT in accordance with its station authorization.  
WQMA(AM) is authorized as a daytime only station with a 
power of 250 watts.

     3.   On May 12, 2004, the agent again monitored 
WQMA(AM)'s signal from before sunset until 8:30 p.m. CDT.  
The station repeated the previous night's procedure by 
signing off at 7:20 p.m. CDT and then continuing to transmit 
an un-modulated carrier until at least 8:30 p.m. CDT.  The 
agent made field strength measurements verifying that 
WQMA(AM) again failed to discontinue operation at 8:00 p.m. 
CDT.

     4.   On May 13, 2004, the agent made field strength 
measurements and then inspected WQMA(AM).  At the time of 
the inspection, the EAS encoder/decoder would not function 
and only one receiver was present.  Station personnel 
reported that the EAS encoder/decoder had been broken 
between three and eighteen months.  There were no logs or 
other evidence that the EAS encoder/decoder had ever been in 
operation or that it was being repaired.2  Also during the 
inspection, it was determined that the station's transmitter 
power output meter displayed 425 watts, 170% of the 
authorized power of 250 watts.  Finally, the station owner 
was able to produce the station authorization and a contour 
map for WQMA(AM), but was unable to find any other elements 
of the station's public file

III.        DISCUSSION

     5.   Section 11.35(a) of the Rules requires that 
broadcast stations maintain operational EAS encoders, 
decoders and attention signal generating and receiving 
equipment so that monitoring and transmitting functions are 
available during the times the stations are in operation.3  
On May 13, 2004, WQMA(AM)'s EAS unit was not functional.  
All personnel questioned at WQMA(AM) stated that the 
equipment had been not been operational for three to 
eighteen months.  Furthermore, there was no evidence or logs 
showing that the unit had been functional at any time, nor 
were there log entries indicating that the equipment was 
under repair  

     6.   Section 73.1745 of the Rules states that ``[n]o 
broadcast station shall operate at times, or with modes or 
power, other than those specified and made a part of the 
license, unless otherwise provided in this part.''4  
WQMA(AM)'s license authorizes daytime-only operation with a 
power of 250 watts.  On May 11 and May 12, 2004, WQMA(AM) 
failed to discontinue operation as specified and continued 
to operate at least 30 minutes after local sunset each 
night.  In addition, on May 13, 2004,  WQMA(AM)'s 
transmitter output power was displayed as 425 watts.  Field 
strength measurements made on May 11, 12, and 13, 2004 
showed that the signal levels remained the same all three 
days.  Accordingly, WQMA(AM) operated with excessive power 
all three days.  

     7.   Section 73.3526(a)(2) of the Rules requires that 
every permittee or licensee of an AM or FM station shall 
maintain a public inspection file containing the material, 
relating to that station, described in paragraphs (e)(1) 
through (e)(10) and paragraphs (e)(12) through (e)(14) of 
this section.5  Section 73.3526(b) of the Rules requires the 
public inspection file be maintained at the station's main 
studio.6  Section 73.3526(c) of the Rules requires the file 
be available for public inspection at any time during 
regular business hours.7  On May 13, 2004, an inspection of 
station WQMA(AM)'s public inspection file revealed that 
required material was missing, specifically everything other 
than the current station authorization and the most current 
contour map.  Accordingly, complete public inspection file 
material was not available for inspection during regular 
business hours at the WQMA(AM) main studio.

     8.   Based on the evidence before us, we find Konarz 
willfully8 and repeatedly9 violated Sections 11.35(a), 
73.1745(a), and 73.3526(c) of the Rules by failing to 
maintain operational EAS equipment, operating with excessive 
power and failing to discontinue operation at sunset, and 
failing to make available for inspection all of the required 
materials in the station's public inspection file.

     9.   Pursuant to Section 1.80(b)(4) of the Rules,10 the 
base forfeiture amount for failure to maintain operational 
EAS equipment is $8,000, the base forfeiture amount for 
operation with excessive power and failure to discontinue 
operation after sunset is $4,000, and the base forfeiture 
amount for violation of the public file rule is $10,000.  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, 
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.11  Because the station maintained a portion of the 
required items in the public inspection file, a downward 
adjustment of the base forfeiture for that violation from 
$10,000 to $8,000 is warranted.  Considering the entire 
record and applying the factors listed above, this case 
warrants a $20,000 forfeiture.  

IV.   ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,12 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,13 Jason Konarz  is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
twenty thousand dollars ($20,000) for willful and repeated 
violation of Sections 11.35(a), 73.1745(a) and 73.3526(c) of 
the Rules by for failing to maintain operational Emergency 
Alert System equipment, operating with excessive power and 
then failing to discontinue operation at night, and failing 
to make available for inspection all of the required 
materials in the station's public inspection file.

     11.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Jason Konarz 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.  Requests for payment of the full amount of this NAL 
under an installment plan should be sent to: Chief, Revenue 
and Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.14

     13.  The response, if any, must be mailed to the 
Federal Communications Commission, New Orleans Office, Suite 
460, 2424 Edenborn Avenue, Metairie, LA  70001, within 
thirty days of the release date of this NAL 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.  Under the Small Business Paperwork Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small entity and if you wish to be treated as a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or in a separate filing to be sent to the Regional 
Counsel, FCC, EB, South Central Region, 520 NE Colbern Road, 
Second Floor, Lee's Summit, MO  64086.  Your certification 
should indicate whether you, including your parent entity 
and its subsidiaries, meet one of the definitions set forth 
in the list provided by the FCC's Office of Communications 
Business Opportunities (OCBO) set forth in Attachment A of 
this Notice of Apparent Liability.  This information will be 
used for tracking purposes only.  Your response or failure 
to respond to this question will have no effect on your 
rights and responsibilities pursuant to Section 503(b) of 
the Communications Act.  If you have questions regarding any 
of the information contained in Attachment A, please contact 
OCBO at (202) 418-0990.

     16.  IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Jason Konarz, Route 2, Box 290A, Marks, 
Mississippi  38646.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              James C. Hawkins
                              District Director
                              New Orleans Office, South 
                            Central Region
                              Enforcement Bureau



Attachment

               
_________________________

147 C.F.R.  11.35(a), 73.1745(a) and 73.3526(c).

2See 47 C.F.R.  11.35(b).

347 C.F.R.  11.35(a).

447 C.F.R.  73.1745. 

547 C.F.R.  73.3526(a)(2).

647 C.F.R.  73.3526(b).

747 C.F.R.  73.3526(c). 

8Section 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  4387-88 
(1991).

9The  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 U.S.C.  312(f)(2).

1047 C.F.R.  1.80(b)(4).

1147 U.S.C.  503(b)(2)(D).

1247 U.S.C.  503(b).

1347 C.F.R.  0.111, 0.311, 1.80.

14See 47 C.F.R.  1.1914.