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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                               
                                                            
     In the Matter of       )                               
                                                            
     Jason Konarz           )   File Number EB-08-OR-0213   
                                                            
     Licensee of DWQMA-AM   )   NAL/Acct. No. 200932620002  
                                                            
     Marks, MS              )   FRN 0005015425              
                                                            
     Facility ID # 1219     )                               
                                                            
                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 21, 2008

   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 station DWQMA-AM, in Marks, 
       Mississippi, apparently willfully and 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 fourteen thousand
       dollars ($14,000).

   II. BACKGROUND

    2. On September 25 and September 26, 2008, in response to a complaint,
       agents from the Commission's New Orleans Field Office of the
       Enforcement Bureau ("New Orleans Office") inspected radio station
       DWQMA-AM in Marks, MS. On both days, one side of the fence surrounding
       the antenna structure was missing. There was substantial growth around
       and through the existing fence and where the missing side of the fence
       should have been, indicating that the fence side had been missing for
       quite some time. There was no perimeter fence around the property. On
       September 26, 2008, Mr. Konarz stated he was aware of the condition of
       the fence surrounding the antenna structure, but claimed that the
       fence side had been down for less than a week.

   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 "willful" as used in Section 503(b) of the Act 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.

    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 September 25 and September 26, 2008, agents from
       the New Orleans Office observed that the fence surrounding DWQMA-AM's
       antenna structure was missing an entire side, providing ready access
       to the base of the structure. The antenna structure was confirmed to
       have radio frequency potential at the base. There was no perimeter
       fence around the property. There was substantial growth around and
       through the existing fence and where the missing side of the fence
       should have been, indicating that the fence side had been missing for
       quite some time. Mr. Konarz was aware of the fence's condition.

    5. Based on the evidence before us, we find that Mr. Konarz apparently
       willfully and 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. On February 8, 2007, agents from
       the New Orleans Office observed that the fence around station DWQMA's
       antenna structure was in disrepair, allowing ready access to the base.
       Mr. Konarz received a Notice of Apparent Liability and Forfeiture
       Order for this violation. Because Mr. Konarz previously allowed his
       antenna structure fence to fall into disrepair, we believe an upward
       adjustment to $14,000 is warranted. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Mr. Konarz  is apparently liable for a 
       $14,000 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
       fourteen  thousand dollars ($14,000) 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 credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank Federal Reserve Bank of New York, and
       account number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.8   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Konarz  will send electronic notification on the date said payment is
       made to  SCR-Response@fcc.gov.

   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. 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 Office

   South Central Region

   Enforcement Bureau

   This license was cancelled on June 1, 2004. However, Mr. Konarz was
   granted special temporary authority to operate on June 22, 2006.

   47 C.F.R. S: 73.49.

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

   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:73.49.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   See Jason Konarz, Notice of Apparent Liability for Forfeiture, NAL/Acct.
   No. 200732620003 (Enf. Bur., New Orleans Office, released April 24, 2007);
   Forfeiture Order, 22 FCC Rcd 10890 (Enf. Bur. 2007).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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

                                       2

   Federal Communications Commission