Federal Communications Commission DA 09-175 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Jason Konarz Licensee of DWQMA-AM Marks, MS Facility ID # 1219 ) ) ) ) ) ) ) ) ) File No. EB-08-OR-0213 NAL/Acct. No. 200932620002 FRN 0005015425 FORFEITURE ORDER Adopted: February 2, 2009 Released: February 4, 2009 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of fourteen thousand dollars ($14,000) to Jason Konarz, licensee of station DWQMA-AM, in Marks,1 Mississippi, for willful and repeated violations of Section 73.49 of the Commission's Rules (“Rules”).2 The noted violations involve Mr. Konarz’s failure to enclose an antenna tower with radio frequency potential at the base within an effective locked fence. 2. On November 21, 2008, the Commission’s New Orleans Office of the Enforcement Bureau (“New Orleans Office”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $14,000 to Mr. Konarz.3 Mr. 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,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules,5 Jason Konarz IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for violations of Section 73.49 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 1 This license was cancelled on June 1, 2004. However, Mr. Konarz was granted special temporary authority to operate on June 22, 2006. 2 47 C.F.R. § 73.49. 3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932620002 (Enf. Bur., New Orleans Office, released November 21, 2008). 4 47 U.S.C. § 503(b). 5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 73.49. Federal Communications Commission DA 09-175 2 Act.6 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/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[s] by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. FCC Form 159 may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 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. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Mr. Konarz will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 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 at his address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 6 47 U.S.C. § 504(a).