**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Number EB-01-OR-212     |
|                                  | *) |                              |
| Jamie Patrick Broadcasting, Ltd. | ** | NAL/Acct. No. 200232620002   |
|                                  |    |                              |
| KTRY-FM                          | *  | FRN 0006-2802-42             |
|                                  | *) |                              |
| Bastrop, Louisiana               | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: December 26, 2002 Released: December 30, 2002**

By the Chief, Enforcement Bureau:

# INTRODUCTION

1.  In this *Memorandum Opinion and Order ("Order"),* we cancel the
    proposed monetary forfeiture in the amount of twenty two thousand
    dollars (\$22,000) issued to Jamie Patrick Broadcasting, Ltd.,
    ("Patrick"), licensee of KTRY-FM, Bastrop, Louisiana, for failure to
    respond to Commission correspondence, failure to install and operate
    Emergency Alert System ("EAS") equipment, and failure to maintain a
    public inspection file in apparent willful violation of Sections
    1.89(b), 11.35(a), and 73.3526(a)(2) of the Commission's Rules
    ("Rules")*.*[^1] However, we conclude that Patrick willfully
    violated Sections 1.89(b) and 11.35(a) of the Rules and admonish
    Patrick for these violations.

```{=html}
<!-- -->
```
I.  **BACKGROUND**

```{=html}
<!-- -->
```
2.  On July 11, 2001, an agent from the Commission's New Orleans,
    Louisiana Field Office ("New Orleans Office") inspected KTRY-FM in
    Bastrop, Louisiana. During the inspection, the agent determined that
    no EAS equipment was installed and that there was no public
    inspection file available. On July 27, 2001, the New Orleans Office
    issued a *Notice of Violation* (*"NOV"*) citing Patrick for
    violations of Sections 11.35(a), 17.4(a), 17.50, 73.1230(a),
    73.1400, 73.1800(a), and 73.3526(a)(2) of the Rules. On September
    19, 2001, the New Orleans Office sent a letter by Certified Mail,
    Return Receipt Requested to Patrick, stating that no reply to the
    *NOV* had been received. The letter also cautioned the licensee
    concerning failure to reply to Commission correspondence. The New
    Orleans Office received a signed Certified Mail Receipt dated
    September 21, 2001. The New Orleans Office did not receive a reply
    to the letter or to the *NOV.*

3.  On November 27, 2001, the New Orleans Office issued a *Notice of
    Apparent Liability ("NAL")* to Patrick in the amount of \$22,000 for
    failure to respond to Commission correspondence in willful violation
    of Section 1.89(b) of the Rules, failure to install operational EAS
    equipment in willful violation of Section 11.35(a) of the Rules, and
    failure to maintain a public inspection file in willful violation of
    Section 73.3526(a)(2) of the Rules.[^2] Patrick did not file a
    response to the *NAL*, and on April 25, 2002, the Enforcement Bureau
    issued a *Forfeiture Order*[^3] to Patrick for willful violations of
    Sections 1.89(b), 11.35(a), and 73.3526(a)(2) of the Rules. On May
    28, 2002, Patrick filed a petition for reconsideration. In its
    petition, Patrick requests that we cancel or reduce the forfeiture.
    Patrick argues that it is unable to pay the forfeiture due to
    financial hardship. In addition, Patrick requests additional time to
    address the violations enumerated in the *NOV.* Patrick also argues
    that the violations, if any, were not willful, and that it was
    confused as to the Commission's requirements. Further, Patrick
    contends that it has always maintained a public inspection file, but
    that on the day of the inspection, it was not at the main studio.
    Specifically, the licensee claims that the desk in which the public
    inspection file is kept had been moved to another location that was
    being used as a sales office. Patrick also states that the station
    was "manned" 24 hours a day by allowing a homeless person to occupy
    the facility, and that this person monitored the station's Emergency
    Broadcast System ("EBS") unit, the lead EAS station in Northeast
    Louisiana, and the transmitting equipment of the station. Finally,
    Patrick argues that it took several corrective actions after the
    agent's inspection.

```{=html}
<!-- -->
```
II. **DISCUSSION**

```{=html}
<!-- -->
```
4.  Section 11.35(a) of the Rules requires that broadcast stations
    install EAS encoders, EAS decoders and attention signal generating
    and receiving equipment so that the monitoring and transmitting
    functions are available during the times the stations are in
    operation. Use of EBS equipment and the other efforts provided in
    Patrick's petition for reconsideration to demonstrate compliance do
    not meet the requirements of this section.[^4] Moreover, in
    violation of Section 1.89(b) of the Rules, Patrick did not respond
    to the *NOV* issued by the New Orleans Office.

5.  Section 73.3526(a)(2) of the Rules requires broadcast licensees to
    maintain a public inspection file. Patrick asserts that the station
    has always maintained a public inspection file, but it was not at
    the main studio on the day of the inspection. Based on Patrick's
    claim, which is supported by a certification, we find it appropriate
    to cancel the \$10,000 forfeiture for violation of Section
    73.3526(a)(2) of the Rules.

6.  Further, based on the financial documentation provided by Patrick,
    we conclude that payment of the remaining \$12,000 forfeiture for
    violations of Sections 1.89(b) and 11.35(a) of the Rules would
    impose a financial hardship on Patrick. Therefore, we will cancel
    the forfeiture for the remaining violations. Nevertheless, we find
    it appropriate to admonish Patrick for its willful violations of
    Sections 1.89(b) and 11.35(a) of the Rules.

```{=html}
<!-- -->
```
III. **ORDERING CLAUSES**

```{=html}
<!-- -->
```
7.  Accordingly, **IT IS ORDERED** that, pursuant to Section 405 of the
    Act,[^5] and Section 1.106 of the Rules,[^6] Patrick's petition for
    reconsideration of the *Forfeiture Order* in this proceeding **IS**
    hereby **GRANTED** to the extent noted herein.

8.  **IT IS FURTHER ORDERED** that, pursuant to Sections 0.111, 0.311
    and 1.80(i) of the Rules,[^7] the forfeiture in the amount of twenty
    two thousand dollars (\$22,000) issued to Jamie Patrick
    Broadcasting, Ltd. **IS CANCELLED**.

9.  **IT IS FURTHER ORDERED** that, Patrick **IS ADMONISHED** for its
    failure to respond to Commission correspondence and for its failure
    to install EAS equipment at Station KTRY-FM in willful violation of
    Sections 1.89(b) and 11.35(a) of the Rules.

10. **IT IS FURTHER ORDERED** that, a copy of this *Order* shall be sent
    by first class and Certified Mail, Return Receipt Requested, to
    Jamie Patrick Broadcasting, Ltd., 328 West Madison Avenue, Bastrop,
    Louisiana, 71220.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§ 1.89(b), 11.35(a), 73.3526(a)(2).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200232620002 (Enf. Bur., New Orleans Office, rel. Nov. 27, 2001).

[^3]: *Jamie Patrick Broadcasting, Ltd.,* 17 FCC Rcd 7301 (EB 2002).

[^4]: *See* e.g., 47 C.F.R. § 11.12 (EBS equipment type accepted for use
    under Part 73 of the rules was permissible for use by broadcast
    stations only until January 1, 1998).

[^5]: 47 U.S.C. § 405.

[^6]: 47 C.F.R. § 1.106.

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80(i).