Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                               
                                                           
     In the Matter of      )                               
                                                           
     Jason Konarz          )   File Number EB-07-OR-015    
                                                           
     Licensee of WQMA-AM   )   NAL/Acct. No. 200732620003  
                                                           
     Marks, MS             )   FRN 0005015425              
                                                           
     Facility ID # 1219    )                               
                                                           
                           )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: April 24, 2007

   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 Jason Konarz, licensee of radio station WQMA-AM, in Marks,
       Mississippi, apparently repeatedly violated Section 73.49 of the
       Commission's Rules ("Rules") by failing to enclose an antenna tower
       with radio frequency potential at the base within an effective locked
       fence. We conclude, pursuant to Section 503(b) of the Communications
       Act of 1934, as amended ("Act"),  that Mr. Konarz is apparently liable
       for a forfeiture in the amount of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On February 8, 2007, agents from the Commission's New Orleans Office
       of the Enforcement Bureau ("New Orleans Office") inspected radio
       station WQMA-AM in Marks, MS. The fence of the antenna structure,
       which had RF potential at the base, was in disrepair, allowing easy
       access to the base of the structure. The latch on the gate could not
       be closed or locked because of the condition of the fence. The fence
       posts had fallen too far apart for the latch to be fastened on the
       gate. The fence appeared to have been in this condition for a
       significant length of time. There was no perimeter fence around the
       property.

   III. DISCUSSION

    3. 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 "repeated" means the commission or omission of such
       act more than once or for more than one day.

    4. Section 73.49 of the Rules requires that antenna towers having radio
       frequency potential at the base must be enclosed within effective
       locked fences or other enclosures. However, individual tower fences
       need not be installed if the towers are contained within a protective
       property fence. On February 8, 2007, the gate of the fence surrounding
       WQMA-AM's antenna structure was not secured and could be easily
       opened, providing ready access to the base of the structure. This
       antenna structure was confirmed to have radio frequency at the base.
       There was no perimeter fence around the property. The deteriorated
       condition of the fence could not have occurred in one day. Therefore,
       the antenna structure was not enclosed within an effective locked
       fence or protective property fence for more than one day.

    5. Based on the evidence before us, we find that Mr. Konarz  apparently
       repeatedly violated Section  73.49 of the Rules by failing to enclose
       a tower with radio frequency potential at the base within an effective
       locked fence or other enclosure.

    6. 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 violation of AM tower fencing is $7,000. In
       assessing the monetary forfeiture amount, we must also take into
       account the statutory factors set forth in Section 503(b)(2)(E) 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 Mr. Konarz is apparently liable for a $7,000
       forfeiture.

   IV. ORDERING CLAUSES

    7. 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, Jason Konarz is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       seven  thousand dollars ($7,000) for violations of Section 73.49 of
       the Rules.

    8. 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, 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.

    9. 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.

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

   11. 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.

   12. 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.^8

   13. 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 Jason Konarz at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Leroy Hall

   District Director

   New Orleans

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 73.49.

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

   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 73.49.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.49.

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission