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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                              
                                                                             
                                              )                              
     In the Matter of                                                        
                                              )   File Number: EB-06-OR-025  
     Jamie Patrick Broadcasting, Ltd.                                        
                                              )              NAL/Acct. No.:  
     Owner of Antenna Structure Located at                     200632620001  
     Coordinates N32DEG 49' 06" x W091DEG     )                              
     54' 29"                                                 FRN: 006280242  
                                              )                              
     Bastrop, Louisiana                                                      
                                              )                              
                                                                             
                                              )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October 2, 2006

   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
       that Jamie Patrick Broadcasting, Ltd. ("Patrick"), owner of antenna
       structure located at coordinates N32DEG 49' 06" x W091DEG 54' 29" in
       Bastrop, Louisiana, apparently willfully and repeatedly violated
       Sections 17.4(a), 17.50, and 17.51 of the Commission's Rules ("Rules")
       by failing to register its antenna structure, failing to repaint or
       clean the structure to maintain good visibility, and failing to
       exhibit required obstruction lighting. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Patrick is apparently liable for forfeiture in the amount of
       thirteen  thousand dollars ($13,000).

   II. BACKGROUND

   2. On July 26, 2001, the Commission's New Orleans Office of the
   Enforcement Bureau ("New Orleans Office") issued to Patrick a Notice of
   Violation notifying Patrick, among other violations of the Commission's
   Rules, of its failure to register its antenna structure and its failure to
   clean or repaint its antenna structure associated with station KTRY-FM in
   Bastrop, Louisiana.

   3. On June 14, 2006, in response to a complaint alleging numerous
   violations at station KTRY-FM, an agent from the New Orleans Office
   conducted an inspection of Patrick's antenna structure located at the
   KTRY-FM transmitter and studio site at 5567 Yam Road, Bastrop, Louisiana.
   The antenna structure is 290 feet in height above ground level and has the
   KTRY-FM broadcast transmitting antenna as the only antenna on the
   structure. The KTRY-FM station license specifies that the antenna
   structure be painted and lighted with red lights at the top and at the
   one-third and two-thirds levels of the structure. The agent observed that
   the structure was painted but the condition of the paint had deteriorated
   such that the bands were indistinguishable at a distance of 0.25 of a
   mile, and the painted surfaces were badly chipped and rusted. The agent
   observed no obstruction lighting operating during daylight hours. The
   agent observed the structure for at least 90 minutes after local sunset
   and found no lights exhibited on the structure during nighttime.

   4. On June 15, 2006, the agent contacted the Federal Aviation
   Administration's ("FAA") area Flight Service Station and determined no
   report of the light outage had been made for this structure. The agent
   provided the outage information to the FAA. The agent then repeated the
   observations both during daytime and nighttime hours and found the
   structure's marking and lighting conditions unchanged.

   5. On June 16, 2006, the agent interviewed Mr. Henry Cotton, the
   owner/chief operator of KTRY-FM. Mr. Cotton stated: the structure's lights
   had been extinguished since February, 2006; he had reported the outage to
   the FAA in February, 2006, but had never renewed the report; he could not
   provide the NOTAM number; that he knew the structure needed painting, but
   had trouble contracting someone to do the work; that the Antenna Structure
   Registration ("ASR") number for the structure was 1204567. The agent
   subsequently checked the Commission's ASR database and found the ASR
   number provided by Mr. Cotton was assigned to another structure four miles
   away and owned by a completely different entity not associated with
   Patrick.

   III. DISCUSSION

   6. Section 503(b) of the Act provides that any person who willfully or
   repeatedly fails to comply substantially with the terms and conditions of
   any license, or willfully or repeatedly fails to comply with any of the
   provisions of the Act or of any rule, regulation or order issued by the
   Commission thereunder, shall be liable for a forfeiture penalty. The term
   "willful" as used in Section 503(b) has been interpreted to mean simply
   that the acts or omissions are committed knowingly. The term "repeated"
   means the commission or omission of such act more than once or for more
   than one day.

   7. Section 17.4(a) of the Rules requires that the owner of any proposed or
   existing antenna structure that requires notice of proposed construction
   to the FAA must register the structure with the Commission. Section
   17.7(a) of the Rules requires notification to the FAA for any construction
   or alteration of more than 200 feet in height above ground level.
   Patrick's antenna structure required notification to the FAA because the
   structure exceeded 200 feet in height and, therefore, required Commission
   registration. From at least July 2001 to June 16, 2006, Patrick failed to
   register its antenna structure with the Commission. Therefore, this
   violation was repeated. Patrick was officially notified in writing by the
   Commission of this violation in 2001, yet Patrick took no official action
   towards registering the structure. Therefore, this violation was willful.

   8. Section 303(q) of the Act states that antenna structure owners shall
   maintain the painting and lighting of antenna structures as prescribed by
   the Commission. Section 17.50 of the Rules requires antenna structures
   requiring painting to be cleaned or repainted as often as necessary to
   maintain good visibility. Section 17.21 of the Rules requires antenna
   structures exceeding 200 feet in height above ground level to be painted.
   Additionally, the KTRY-FM station license specifies painting and lighting
   requirements for Patrick's antenna structure associated with the station.
   Therefore, Patrick's antenna structure requires painting. From at least
   July 2001 until June 16, 2006, Patrick failed to maintain good visibility
   of its antenna structure. The agent observed the poor visibility of the
   structure on June 14 and 15, 2006. Patrick's owner and chief operator
   stated he knew of the structure's need for repainting. Additionally,
   Patrick was officially notified in writing by the Commission of this
   violation in 2001, yet Patrick took no action to correct it. Therefore,
   this violation was willful and repeated.

   9. Section 17.51 of the Rules requires that all red obstruction lighting
   be exhibited from sunset to sunrise unless otherwise specified. Section
   17.21 of the Rules requires antenna structures exceeding 200 feet in
   height above ground level to be lighted. Additionally, the KTRY-FM station
   license specifies painting and lighting requirements for Patrick's antenna
   structure associated with the station, including the requirement for red
   obstruction lighting. Therefore, Patrick is required to exhibit red
   obstruction lighting on its structure from sunset to sunrise. From at
   least February 2006 to June 15, 2006, Patrick failed to exhibit red
   obstruction lighting on its structure. There was no evidence of proper
   notification to the FAA of the light outage as required by Section
   17.48(a) of the Rules. Patrick's owner and chief operator stated he knew
   of the light outage since February 2006. Therefore, this violation was
   willful and repeated.

   10. Based on the evidence before us, we find that Patrick  apparently
   willfully and repeatedly violated Sections 17.4(a), 17.50, and 17.51 of
   the Rules by failing to register its antenna structure, failing to
   maintain good visibility of its antenna structure, and failing to exhibit
   required obstruction lighting on its antenna structure located in Bastrop,
   Louisiana.

   11. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
   of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
   ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base
   forfeiture amount for failing to file required forms is $3,000, and the
   base forfeiture amount for failing to comply with the prescribed lighting
   and/or marking  for an antenna structure 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 Act, which include the
   nature, circumstances, extent, and gravity of the violations, and with
   respect to the violator, the degree of culpability, and history of prior
   offenses, ability to pay, and other such matters as justice may require.
   Applying the Forfeiture Policy Statement, Section 1.80, and the statutory
   factors to the instant case, we conclude that a $13,000 forfeiture is
   warranted.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314
   and 1.80 of the Commission's Rules, Jamie Patrick Broadcasting, Ltd. is
   hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount
   of thirteen thousand dollars ($13,000) for violations of Sections 17.4(a),
   17.50, and 17.51 of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
   Commission's Rules within thirty days of the release date of this Notice
   of Apparent Liability for Forfeiture, 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.

   14. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission.  The
   payment must include the NAL/Acct. No. and FRN No. referenced above.
   Payment by check or money order may be mailed to Federal Communications
   Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  Payment by
   overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street,
   Room 1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be made
   to ABA Number 043000261, receiving bank Mellon Bank, and account
   number 911-6106.

   15. The response, if any, must be mailed to Federal Communications
   Commission, Enforcement Bureau, South Central Region, New Orleans Office,
   2424 Edenborn Avenue - Suite 460, Metairie, Louisiana 70001, and must
   include the NAL/Acct. No. referenced in the caption.

   16. 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.

   17. Requests for payment of the full amount of this Notice of Apparent
   Liability for Forfeiture under an installment plan should be sent to:
   Associate Managing Director -- Financial Operations, 445 12th Street,
   S.W., Room 1A625, Washington, D.C. 20554.

   18. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail, Return Receipt Requested,
   and regular mail, to Jamie Patrick Broadcasting, Ltd., 5567 Yam Road,
   Bastrop, Louisiana 71220.

   FEDERAL COMMUNICATIONS COMMISSION

   Leroy Hall

   District Director

   New Orleans Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 17.4(a), 17.50, and 17.51.

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

   Patrick is licensee of KTRY-FM as well as owner of the property containing
   the radio station including the antenna structure.

   See FCC Form 715, PP 1, 3, 12, 21.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he 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 C.F.R. S 17.4(a).

   47 C.F.R. S 17.7(a).

   47 U.S.C. S 303(q).

   47 C.F.R. S 17.50.

   47 C.F.R. S 17.21.

   47 C.F.R. S 17.51.

   47 C.F.R. S 17.21.

   47 C.F.R. S 17.48(a).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.4(a),
   17.50, 17.51.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission