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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No.: EB-04-OR-
094
)
Jason Konarz ) NAL/Acct. No.: 200432620004
Licensee of WQMA(AM) )
Marks, Mississippi ) FRN: 0005015425
)
FORFEITURE ORDER
Adopted: October 5, 2004 Released:
October 8, 2004
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty thousand
dollars ($20,000) to Jason Konarz (``Konarz''),
licensee of radio station WQMA(AM), Marks,
Mississippi, for willful and repeated violation of
Sections 11.35(a), 73.1745(a), and 73.3526(c) of the
Commission's Rules (``Rules'').1 The noted violations
involve Konarz's failure to install and maintain
operational Emergency Alert System (``EAS'')
equipment, failure to operate consistent with
authorized power levels and discontinue operating at
night, and failure to make available for inspection
all of the required materials in the station's public
inspection file.
2. On July 21, 2004, the District Director of the
Commission's New Orleans Field Office (``New Orleans Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $20,000 to Konarz.2 Konarz has not filed a
response to the NAL. Based on the information before us, we
affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules,4 Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $20,000 for willfully and repeatedly violating Sections
11.35(a), 73.1745(a), and 73.3526(c) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.5
Payment by check or money order may be mailed to Forfeiture
Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago,
Illinois 60673-7482. Payment by overnight mail may be sent to
Bank One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago,
IL 60661. Payment by wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account number 1165259.
The payment should note NAL/Acct. No. 200432620004, and FRN
0005015425. Requests for full payment under an installment plan
should be sent to: Chief, Revenue and Receivables Group, 445 12th
Street, S.W., Washington, D.C. 20554.6
5. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by First Class Mail and Certified Mail Return
Receipt Requested to Jason Konarz, Route 2, Box 290A, Marks,
Mississippi 38646.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
_________________________
147 C.F.R. §§ 11.35(a), 73.1745(a), 73.3526(c).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432620004 (Enf. Bur., New Orleans Office, released July 21,
2004).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 U.S.C. § 504(a).
6See 47 C.F.R. § 1.1914.