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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               )    FRN 0006-2802-42


                  MEMORANDUM OPINION AND ORDER

   Adopted:  December 26, 2002          Released:  December 30, 
2002

By the Chief, Enforcement Bureau:

                         I.   INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
cancel the proposed monetary forfeiture  in the amount of  twenty 
two  thousand   dollars  ($22,000)   issued  to   Jamie   Patrick 
Broadcasting, Ltd., (``Patrick''), licensee of KTRY-FM,  Bastrop, 
Louisiana, for failure to  respond to Commission  correspondence, 
failure to install and  operate Emergency Alert System  (``EAS'') 
equipment, and failure  to maintain a  public inspection file  in 
apparent willful  violation of  Sections 1.89(b),  11.35(a),  and 
73.3526(a)(2) of the  Commission's Rules (``Rules'').1   However, 
we conclude that Patrick willfully violated Sections 1.89(b)  and 
11.35(a) of the Rules and admonish Patrick for these violations.

                          II.  BACKGROUND

     2.   On July 11,  2001, an agent  from the Commission's  New 
Orleans,  Louisiana   Field  Office   (``New  Orleans   Office'') 
inspected KTRY-FM in Bastrop, Louisiana.  During the  inspection, 
the agent determined that no EAS equipment was installed and that 
there was no public inspection file available.  On July 27, 2001, 
the New Orleans  Office issued  a Notice  of Violation  (``NOV'') 
citing Patrick  for  violations of  Sections  11.35(a),  17.4(a), 
17.50, 73.1230(a), 73.1400, 73.1800(a), and 73.3526(a)(2) of  the 
Rules.  On  September 19,  2001, the  New Orleans  Office sent  a 
letter by Certified  Mail, Return Receipt  Requested to  Patrick, 
stating that no reply to the  NOV had been received.  The  letter 
also cautioned  the  licensee  concerning  failure  to  reply  to 
Commission correspondence.   The New  Orleans Office  received  a 
signed Certified Mail Receipt dated September 21, 2001.  The  New 
Orleans Office did not  receive a reply to  the letter or to  the 
NOV.  

     3.   On November 27, 2001, the  New Orleans Office issued  a 
Notice of Apparent Liability (``NAL'')  to Patrick in the  amount 
of $22,000 for failure to respond to Commission correspondence in 
willful violation of  Section 1.89(b)  of the  Rules, failure  to 
install operational EAS equipment in willful violation of Section 
11.35(a)  of  the  Rules,  and  failure  to  maintain  a   public 
inspection file in willful violation of Section 73.3526(a)(2)  of 
the Rules.2  Patrick did not file  a response to the NAL, and  on 
April 25, 2002, the Enforcement Bureau issued a Forfeiture Order3 
to Patrick for willful violations of Sections 1.89(b),  11.35(a), 
and 73.3526(a)(2) of the Rules.  On May 28, 2002, Patrick filed a 
petition for reconsideration.  In its petition, Patrick  requests 
that we cancel or reduce the forfeiture.  Patrick argues that  it 
is unable to pay  the forfeiture due  to financial hardship.   In 
addition,  Patrick  requests  additional  time  to  address   the 
violations enumerated in the NOV.   Patrick also argues that  the 
violations, if any, were not willful, and that it was confused as 
to the Commission's requirements.  Further, Patrick contends that 
it has always maintained  a public inspection  file, but that  on 
the day  of  the inspection,  it  was  not at  the  main  studio.  
Specifically, the  licensee claims  that the  desk in  which  the 
public inspection file is kept had been moved to another location 
that was being used as a sales office.  Patrick also states  that 
the station was ``manned'' 24 hours a day by allowing a  homeless 
person to occupy the facility, and that this person monitored the 
station's Emergency Broadcast System (``EBS'') unit, the lead EAS 
station in Northeast Louisiana, and the transmitting equipment of 
the station.   Finally,  Patrick  argues  that  it  took  several 
corrective actions after the agent's inspection.  

                         III.   DISCUSSION

     4.   Section 11.35(a) of the  Rules requires that  broadcast 
stations install EAS encoders, EAS decoders and attention  signal 
generating and  receiving equipment  so that  the monitoring  and 
transmitting  functions  are  available  during  the  times   the 
stations are in operation.   Use of EBS  equipment and the  other 
efforts provided  in Patrick's  petition for  reconsideration  to 
demonstrate compliance  do  not  meet the  requirements  of  this 
section.4  Moreover,  in  violation  of Section  1.89(b)  of  the 
Rules, Patrick  did not  respond to  the NOV  issued by  the  New 
Orleans Office.

     5.   Section 73.3526(a)(2) of  the Rules requires  broadcast 
licensees to maintain a public inspection file.  Patrick  asserts 
that the station has always maintained a public inspection  file, 
but it was not at the main  studio on the day of the  inspection.  
Based on Patrick's claim, which is supported by a  certification, 
we find  it  appropriate to  cancel  the $10,000  forfeiture  for 
violation of Section 73.3526(a)(2) of the Rules.  

     6.   Further, based on the financial documentation  provided 
by Patrick, we  conclude that  payment of  the remaining  $12,000 
forfeiture for violations of Sections 1.89(b) and 11.35(a) of the 
Rules would impose a  financial hardship on Patrick.   Therefore, 
we will  cancel  the  forfeiture for  the  remaining  violations.  
Nevertheless, we find it appropriate to admonish Patrick for  its 
willful violations of Sections 1.89(b) and 11.35(a) of the Rules.

                       IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of  the Act,5  and  Section 1.106  of the  Rules,6  Patrick's 
petition for  reconsideration of  the  Forfeiture Order  in  this 
proceeding IS hereby GRANTED to the extent noted herein.

     8.   IT IS FURTHER ORDERED that, pursuant to Sections 0.111, 
0.311 and 1.80(i) of the Rules,7 the forfeiture in the amount  of 
twenty two  thousand dollars  ($22,000) issued  to Jamie  Patrick 
Broadcasting, Ltd. IS CANCELLED.

     9.   IT IS FURTHER ORDERED  that, Patrick IS ADMONISHED  for 
its failure to respond to  Commission correspondence and for  its 
failure to install  EAS equipment at  Station KTRY-FM in  willful 
violation of Sections 1.89(b) and 11.35(a) of the Rules.

     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  first  class  and  Certified  Mail,  Return  Receipt 
Requested, to Jamie Patrick Broadcasting, Ltd., 328 West  Madison 
Avenue, Bastrop, Louisiana, 71220.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 C.F.R.  1.89(b), 11.35(a), 73.3526(a)(2).
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232620002 (Enf. Bur., New Orleans Office, rel. Nov. 27, 2001).
3 Jamie Patrick Broadcasting, Ltd., 17 FCC Rcd 7301 (EB 2002).
4 See e.g., 47  C.F.R.  11.12 (EBS  equipment type accepted  for 
use under  Part  73 of  the  rules  was permissible  for  use  by 
broadcast stations only until January 1, 1998).
5 47 U.S.C.  405. 
6 47 C.F.R.  1.106. 
7 47 C.F.R.  0.111, 0.311, 1.80(i).