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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.