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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Jamie Patrick Broadcasting, ) File Number EB-01-OR-212
KTRY-FM ) NAL/Acct. No. 200232620002
Bastrop, Louisiana ) FRN 0006-2802-42
MEMORANDUM OPINION AND ORDER
Adopted: December 26, 2002 Released: December 30,
By the Chief, Enforcement Bureau:
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.
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
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.
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
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).