FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20554

In reply refer to:

1800C1-JWS

Ref \# 99070603

Facility I.D. #48393 -- WQOP

October 27, 1999

**Released: October 29, 1999**

## 

CERTIFIED MAIL -- RETURN RECEIPT REQUESTED

J. Christopher Williams, President

Queen of Peace Radio, Inc.

Licensee, WQOP(AM), Atlantic Beach, Florida

Post Office Box 51585

Jacksonville Beach, Florida 32240

Dear Mr. Williams:

This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE
to Queen of Peace Radio, Inc. ("QOP") pursuant to Section 503(b) of the
Communications Act of 1934, as amended (the "Act"). As explained herein,
we believe that QOP willfully and/or repeatedly violated Section 73.1125
of the Commission's Rules. This action is taken pursuant to authority
delegated to the Chief, Mass Media Bureau, by Section 0.283 of the
Commission's Rules.

[Background]{.underline}

By letter dated June 29, 1999, the Commission, by the Chief, Audio
Services Division, granted applications (and denied, in part, a related
petition to deny) to assign authorizations for various facilities in the
State of Texas from American Broadcasting Educational Foundation to
QOP.[^1] In so doing, however, the Commission determined that QOP may
have violated the Commission's rules in operating a station it owned at
the time of the assignment application. Specifically, it appeared from
documentation submitted in connection with the then-pending assignment
application that QOP may have operated WQOP(AM)'s main studio at
staffing levels contrary to the requirements of Section 73.1125 of the
Commission's Rules. The application was granted without prejudice to
further Commission action.

By letter dated July 12, 1999, we sought further information to
determine whether, and, if so, to what extent, violations of our rules
occurred. You responded by letter dated August 26, 1999.[^2] In your
response, you relate that from August 21, 1997, the day QOP obtained
control of the station, to January 1, 1999, it had only one full-time
employee. That individual served (and still serves) as the station's
general manager. You further relate that his normal hours at the
station\'s main studio were from 6 a.m. to 12 noon and from 1 p.m. to 3
p.m. You state that five additional persons also worked at the main
studio. However, you report that none had regular hours at the main
studio and that none typically was present at the main studio for more
than 4 hours per week. Indeed, you indicated that all but one worked at
the main studio no more than once a week for 2 hours. However, beginning
January 1, 1999, QOP hired a second full-time employee, who is regularly
at the main studio between 1 p.m. and 5 p.m. each weekday.

######## Discussion 

Prior to October 30, 1998, Section 73.1125 of the Commission\'s Rules
required that a station maintain its main studio within the station\'s
principal community contour. Effective October 30, 1998, this rule was
amended to allow a station greater flexibility in the location of its
main studio. *See* [Review of the Commission\'s Rules Regarding the Main
Studio and Local Public Inspection Files of Broadcast Television and
Radio Stations]{.underline}, 13 FCC Rcd 15691 (1998). In either case,
the main studio must serve the needs and interests of the residents of
the station\'s community of license. To fulfill this function, a station
must, among other things, maintain a meaningful management and staff
presence at its main studio. *See* [Main Studio Rules, Radio & TV
Stations]{.underline}, 2 FCC Rcd 3215, 3217-18 (1987), *clarified*, 3
FCC Rcd 5024, 5026 (1988). [In Jones Eastern of the Outer Banks,
Inc.]{.underline}, 6 FCC Rcd 3615 (1991), *clarified*, 7 FCC Rcd 6800
(1992) ("[Jones Eastern]{.underline}") the Commission defined a
minimally acceptable \"meaningful presence\" as full-time managerial and
full-time staff personnel. It further stated that there must be
\"management and staff presence\" on a full-time basis during normal
business hours to be considered \"meaningful.\" 6 FCC Rcd at 3616 n. 6;
7 FCC Rcd at 6800 n. 4. Moreover, while management personnel need not be
\"chained to their desks\" during normal business hours, they must
\"report to work at the main studio on a daily basis, spend a
substantial amount of time there and ... use the studio as a \'home
base.\'\" 7 FCC Rcd at 6802. Finally, the main studio requirements
extend to both commercial and noncommercial educational stations. [Main
Studio and Program Origination Rules]{.underline}, 3 FCC Rcd at 5026-27.

The information before us indicates that from August 21, 1997 to January
1, 1999, QOP willfully and repeatedly violated Section 73.1125 of the
Commission\'s Rules by failing to maintain a meaningful staff presence
at the main studio for WQOP(AM). According to your response to the
Commission letter of inquiry, the station's general manager reported to
work at the main studio, spent a substantial amount of time there and
used the studio as his "home base." We therefore find that QOP
maintained a meaningful management presence at the station's main
studio. *Compare* [KQQK, Inc., Licensee]{.underline}, 10 FCC Rcd 132
(MMB 1994). It did not, however, provide full-time staff presence at the
main studio during normal business hours. Your response reflects that
none of the staff had regular hours at the station. Further, even
assuming that the staff worked the maximum amount of time indicated, it
appears that there were many times each week during regular business
hours when there were no station personnel at the main studio. Thus, it
appears that WQOP(AM) did not have a full-time staff presence at its
main studio from August 21, 1997 to January 1, 1999.

Apparently conceding the above, you nevertheless argue that the
Commission may never have legally promulgated rules relative to what
constitutes adequate staffing levels at a broadcast station's main
studio. In this regard, you note that Section 73.1125 of the
Commission's Rules does not define the term "main studio," nor does it
prescribe minimum staffing requirements, regular business hours, or the
minimum amount of equipment needed at the site. You also note that
Section 73.1300 of the Commission's Rules allows "unattended" station
operation. You contend that the foregoing, in combination with
precedent[^3] such as [Bisbee Broadcasters, Inc.]{.underline}, 48 FCC 2d
291, 292 (Rev. Bd. 1974), *rev. denied*, 51 FCC 2d 8 (1975) (where the
Board stated that the Commission had no rigid rules or standards
prescribing personnel or staffing requirements), has led to confusion as
to the precise requirements that broadcasters must follow.

We disagree. Essentially, the main studio is the principal local point
of contact between the licensee and the community or communities served
by the station. Long ago, the Commission deemed it in the public
interest for a broadcast licensee to maintain "a reasonably accessible
studio for the origination of local programs." [Origination Point of
Programs]{.underline}, 43 FCC 570 (1950*). See also*, [FM-TV Main Studio
Moves]{.underline}, 27 FCC 2d 851, 8852 (1971) ("The main studio rules
... are intended to make broadcast stations readily accessible to the
people in the communities which they are primarily licensed to serve,
and they constitute one of the essential ways we have for insuring that
stations realistically meet their obligation to serve their communities
of license as outlets for local self-expression.") More recently, in
[Main Studio and Program Origination Rules]{.underline}, 3 FCC Rcd 5024,
5026 (1988),[^4] the Commission addressed the question whether the main
studio still had a function in light of the elimination of the program
origination rule, and, if so, what is the role of the main studio and
how is it defined. In answering those questions, the Commission posited
that the main studio facilitated "the key function of serving the needs
and interests of the residents of the station's community of license."
Further, the Commission stated:

In response to petitioners' request that the Commission clarify the
definition of and requirements for a main studio, we offer the following
clarification. A station must maintain a main studio which has the
capability adequately to meet its function, as discussed above, of
serving the needs and interests of the residents of the station's
community of license. To fulfill this function, a station must equip the
main studio with production and transmission facilities that meet
applicable standards, maintain continuous program transmission
capability, *and maintain a meaningful management and staff
presence*.\[fn\]" (emphasis added)[^5]

Thus, to the extent there was any doubt, the Commission made plain in
the course of a rulemaking proceeding that a component of main studio
rule compliance was adequate staffing. Subsequent decisions have
provided guidance in particular factual contexts. *E.g.*, [Maines
Broadcasting, Inc.]{.underline}, 8 FCC Rcd 5501, 5503 (1993); [Jones
Eastern]{.underline}, *supra*. We thus conclude that there is no legal
insufficiency with respect to the main studio rule, and we reject any
suggestion that the Commission has run afoul of the notice and comment
provisions of the Administrative Procedure Act[^6] in the course of
promulgating or interpreting the rule.[^7] Therefore, pursuant to
Section 503(b) of the Communications Act, and in accordance with the
forfeiture guidelines set forth in the Commission\'s *Forfeiture Policy
Statement*,[^8] which provides for a forfeiture of \$7,000 as the base
amount for willful or repeated violations of the main studio rule, QOP
is hereby advised of its apparent liability for a forfeiture of \$7,000
for failing to maintain a meaningful staff presence at the WQOP(AM) main
studio from August 21, 1997, to January 1, 1999.

[Conclusion]{.underline}

In view of the above, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, QOP is hereby advised of its apparent liability
for a forfeiture of Seven Thousand Dollars (\$7,000) for its willful and
repeated violations of Section 73.1125 of the Commission's Rules. In
regard to this forfeiture, QOP is afforded a period of thirty (30) days
from the date of this Notice \"to show, in writing, why a forfeiture
penalty should not be imposed or should be reduced, or to pay the
forfeiture. Any showing as to why the forfeiture should not be imposed
or should be reduced shall include a detailed factual statement and such
documentation and affidavits as may be pertinent.\" 47 C.F.R. §
1.80(f)(3). Other relevant provisions of Section 1.80 are summarized in
the attachment to this Notice.

FEDERAL COMMUNICATIONS COMMISSION

Roy J. Stewart

Chief, Mass Media Bureau

Attachment

cc: Dennis J. Kelly, Esquire

[^1]: Reconsideration of that decision was denied by letter dated
    September 9, 1999.

[^2]: Your counsel also submitted a letter dated July 20, 1999. His
    arguments will be considered in our analysis of QOP's apparent rule
    violation.

[^3]: *See also*, [KIST Corp.]{.underline}, 99 FCC 2d 201 (ALJ 1983);
    [United Broadcasting Co.]{.underline}, 93 FCC 2d 482 (1983); [Pepper
    Schultz]{.underline}, 4 FCC Rcd 2386 (Rev. Bd. 1989).

[^4]: That order addressed petitions for reconsideration filed in
    response to the Report and Order that modified the Commission's main
    studio rule. *See* [Main Studio Rules, Radio & TV
    Stations]{.underline}, 2 FCC Rcd 3215 (1987).

[^5]: The Commission also made it plain that, absent a waiver, the
    requirement for maintaining a main studio would apply equally to
    commercial and noncommercial stations. 3 FCC Rcd at 5027.

[^6]: 5 U.S.C. Sections 551 *et seq*.

[^7]: We note in this regard that Section 73.1300 of the Commission's
    Rules concerns operation of the transmitter, not the main studio.

[^8]: [Commission\'s Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines]{.underline}, 12 FCC Rcd 17087 (1997).