**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

+-----------------------------------+---+-------------------------------+
| In the Matter of                  | ) | File No. EB-01-IH-0456        |
|                                   |   |                               |
| Telemedia Broadcasting, Inc.      | ) | Facility ID No. 64922         |
|                                   |   |                               |
| WGRQ(FM)                          | ) | Facility ID No. 62205         |
|                                   |   |                               |
| Colonial Beach, Virginia          | ) |                               |
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| and                               | ) |                               |
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| Rappahannock River Broadcasting,  | ) |                               |
| LLC                               |   |                               |
|                                   | ) |                               |
| WGRX(FM)                          |   |                               |
|                                   | ) |                               |
| Falmouth, Virginia                |   |                               |
|                                   | ) |                               |
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|                                   | ) |                               |
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|                                   | ) |                               |
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|                                   | ) |                               |
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|                                   | ) |                               |
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|                                   | ) |                               |
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|                                   | ) |                               |
+-----------------------------------+---+-------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: July 30, 2002** **Released:** **July 31, 2002**

By the Chief, Investigations and Hearings Division, Enforcement Bureau:

**I. Introduction**

1\. On July 3, 2001, the Free Lance-Star Publishing Co. of
Fredericksburg, Virginia ("Free Lance-Star") filed a complaint against
Telemedia Broadcasting Company, Inc. ("Telemedia"), licensee of
WGRQ(FM), Colonial Beach, Virginia and Rappahannock River Broadcasting,
LLC. (Rappahannock"), licensee of WGRX(FM), Falmouth, Virginia. The
complaint alleged: 1) that Telemedia failed to maintain a main studio
for Station WGRQ(FM) at a proper location as required by Section 73.1125
of the Commission's rules, 47 C.F.R. § 73.1125, 2) that Telemedia failed
to maintain and provide public access to a complete local public
inspection file for Station WGRQ(FM) as required by Section 73.3526 of
the Commission's rules, 47 C.F.R. § 73.3526, and 3) that Rappahannock
filed a pleading interposed solely for the purpose of delay contrary to
Commission policy prohibiting the filing of frivolous pleadings. The
complaint asserts that both Telemedia and Rappahannock are controlled by
the same owner, Carl Hurlebaus. For the reasons discussed below, we
admonish Telemedia for its failure to provide access to the entire local
public inspection file on one occasion. We deny the complaint with
respect to the allegation that Telemedia violated the main studio rule
and the allegation that Rappahannock filed a frivolous pleading.

**II. BACKGROUND**

2\. Free Lance-Star first alleges that Telemedia's main studio does not
comply with Section 73.1125 of the Commission's rules.[^1] Free
Lance-Star asserts that Station WGRQ(FM)'s main studio (located in
Fredericksburg, Virginia) is outside the station's community of license,
is 28.8 miles (more than 25 miles) from the reference coordinates of the
center of its community of license and is outside its principal
community contour. Thus, according to Free Lance-Star, Telemedia has not
conformed to any of the three options provided for in the main studio
rule. Free Lance-Star submitted an engineering statement including a map
of what it asserts is Station WGRQ(FM)'s principal community contour.
(Station WGRQ(FM) is the only broadcast station in its community of
license.)

3\. Telemedia claims that the location of the WGRQ(FM) main studio is
not in violation of the main studio rule because although its main
studio is slightly more than 25 miles from the center of its community
of license, due to unique terrain, the station's own principal community
contour includes the main studio location. Thus the main studio is
within the contour of a Colonial Beach, Virginia broadcast station.
Telemedia has submitted an alternative engineering statement which
relies on a Longley Rice irregular terrain model of Station WGRQ(FM)'s
principal community contour with its response.

4\. Free Lance-Star also alleges that Telemedia violated Section 73.3526
of the Commission's rules which requires that each commercial broadcast
station maintain and provide public access to a local public inspection
file. In support of this allegation, Free Lance-Star states that one of
its employees, Gary C. Harrison, and Free Lance-Star's counsel, George
Snead, visited the Telemedia main studio for Station WGRQ(FM) on June
27, 2001 and asked to see the public inspection file. Mr. Harrison
states that Tom Cooper, the station manager, tendered the public
inspection file, but the file that they were provided was missing
several documents required to be maintained in the file. Free-Lance Star
also asserts that when its agents requested a copy of the contents of
the file, the WGRQ(FM) station manager, Thomas Cooper, stated, "I would
prefer not to."

5\. Telemedia responded that the events alleged are largely accurate,
but that the failings were inadvertent. Mr. Harrison and Mr. Snead's
visit occurred at a time when Telemedia was remodeling the main studio.
The station manager, Tom Cooper, provided access to what he believed to
be the entire public inspection file and then asked that the Free-Lance
Star personnel direct any questions to another station employee. Mr.
Harrison asked if Mr. Cooper could make a copy of the file, which Mr.
Cooper interpreted as a request for an immediate copy of the entire
file. Mr. Cooper explained that he made the statement, "I would prefer
not to" relating only to a request that he make an immediate copy of the
entire file. Mr. Cooper explained that he had to leave to take care of
matters relating to the remodeling of the main studio. He believes that,
under the circumstances, the Free-Lance Star personnel should have both
made their request for copies of his assistant and asked about the
missing parts of the file before engaging in a game of "gotcha."[^2] Mr.
Cooper attested that at all pertinent times the station has maintained a
complete local public inspection file, and that the failure to provide
the complete file was accidental.

6\. With respect to the allegation that Rappahannock filed a frivolous
pleading, Free Lance-Star alleges that Rappahannock filed a petition to
deny an application to assign Station WWUZ(FM) Bowling Green, Virginia
to Free Lance Star for purposes of delay. The former Mass Media Bureau
dismissed Rappahannock's Petition to Deny, considered the Petition as an
informal objection which it then denied, and granted the underlying
application.[^3]

**III. Discussion**

7\. Telemedia asserts that its main studio location is compliant because
one of the options in our main studio rule permits it to locate its main
studio anywhere within its principal community contour. With its
response, Telemedia submitted a supplemental engineering showing that
utilizes the Longley-Rice irregular terrain model, arguing that, due to
irregular terrain, its main studio lies within its principal community
contour. The Commission has approved the use of supplemental showings
(including the Longley-Rice analysis) to show compliance with main
studio requirements in situations involving irregular terrain. *See In
the Matter of Amendments of Parts 73 and 74 of the Commission's Rules To
Permit Certain Minor Changes in Broadcast Facilities Without A
Construction Permit*, 12 FCC Rcd. 12371, 12401-03 (1997).[^4] We have
reviewed the engineering submissions by Free-Lance Star and Telemedia.
Because the terrain involved would result in better signal propagation
than is assumed in the standard contour prediction methods described in
Section 73.313 of the Commission's rules, 47 C.F.R. § 73.313, we find
that the location of the WGRQ(FM) main studio is not in violation of the
Commission's rule.

8\. With respect to Free-Lance Star's allegations regarding the public
inspection file, we find that Telemedia failed to fully comply with the
rules. It appears that the station personnel were involved in remodeling
the main studio of Station WGRQ(FM) at the time of the request and that
the failure to provide the complete public inspection file was the
result of oversight. We find, nevertheless, that station personnel
failed to provide access to the complete public inspection file upon
request and failed to meet its obligation to provide copies for a
reasonable duplication fee within 7 days upon request. In light of all
the facts and circumstances in this case, we hereby admonish Telemedia
for its failure to fully comply with the public inspection file rule.
*See In re Application of Tabback Broadcasting Company for Renewal of
License Station KAZM(AM), Sedona*, *Arizona,* 15 FCC Rcd 11899 (2000)
(Commission affirmed staff decision to admonish licensee for violation
of the public inspection file in similar circumstances).

9\. Finally, with respect to the allegation that Rappahannock filed a
frivolous petition to deny an application to assign station WWUZ(FM) to
Free-Lance Star, we cannot conclude that the petition to deny was
frivolous. Rappahannock alleged that Free-Lance Star engaged in
anti-competitive conduct involving its other stations and its newspaper.
Rappahannock argued that given this behavior, it was contrary to the
public interest to permit it to acquire any additional stations. While
the former Mass Media Bureau denied the relief requested, the Bureau
carefully considered the allegations and the applicable law before doing
so. We decline to issue any sanction relating to such filing.

**IV. Conclusion**

10\. ACCORDINGLY, Telemedia Broadcasting, Inc. is HEREBY ADMONISHED for
violating Section 73.3526 of the Commission's Rules, 47 C.F.R.
§ 73.3526. The remainder of the complaint filed by Free-Lance Star
Publishing Co. on July 3, 2001 is HEREBY DENIED.

11\. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and
Order SHALL be sent via certified mail/return receipt requested to
William H. Crispin, Esquire, Crispin & Brenner, P.L.L.C., 1156 15^th^
Street, N.W., Suite 1105, Washington, D.C. 2005 and via regular mail to
Arthur M. Belendiuk, Esquire, Smithwick & Belendiuk, P.C., 5028
Wisconsin Avenue, N.W. Suite 301, Washington, D.C. 20016.

FEDERAL COMMUNICATIONS COMMISSION

Charles W. Kelley

Chief, Investigations and Hearings Division

Enforcement Bureau

[^1]: Section 73.1125 requires that the main studio must be either 1)
    within the station's community of license, 2) at any location within
    the principal community contour of any AM, FM, or TV broadcast
    station licensed to the station's community of license or 3) within
    25 miles from the reference coordinates of the center of its
    community of license.

[^2]: Response to Complaint at 6.

[^3]: Letter from Peter H. Doyle, Chief, Audio Services Division, Mass
    Media Bureau to Arthur B. Belendiuk, Esquire, dated August 23, 2001
    (File No. BALH-20010511AAF).

[^4]: In a Report and Order the following year, the Commission further
    relaxed (in ways not applicable here) the main studio requirements
    in order to lessen the burden on the licensee. *In the Matter of
    Review of the Commission's Rules Regarding the Main Studio and Local
    Public Inspection Files of Broadcast Television and Radio Stations*,
    13 FCC Rcd. 15691 (1998).