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                                                       DA 96-1310


                                Before the
                     Federal Communications Commission
                          Washington D.C.  20554

In the Matter of

Liability of 
W-AIR, Inc.
Former Licensee, Station WAIR-FM
Atlanta, Michigan

For a Forfeiture

                       MEMORANDUM OPINION AND ORDER

Adopted:  August 14, 19                         Released:  August 16, 1996

By the Chief, Mass Media Bureau:

     1.  The Commission by the Chief, Mass Media Bureau, acting pursuant to authority
delegated by Section 0.283 of the Commission's Rules, has before it for consideration (1) a
Memorandum Opinion and Order (MO&O), 10 FCC Rcd 13048 (MMB 1995), assessing a
forfeiture of $7,500 against W-AIR, Inc., former licensee of Station WAIR, Atlanta,
Michigan, for violation of 73.1125 of the Commission's Rules (the main studio and (2)
a petition for reconsideration filed by W-AIR, Inc.

     2.  The Memorandum Opinion and Order concluded that Station WAIR's main studio,
located in Gaylord, Michigan, lacked the full-time management and staff presence required by
Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800
(1992), aff'd 10 FCC Rcd 3759 (1995).  In its petition, W-AIR, Inc., challenges this
conclusion.  

     3.  As outlined in Jones Eastern, a main studio must maintain, at minimum, one full-
time managerial and one full-time staff person.  This staffing may consist of full-time or part-
time employees, so long as both management and staff presence are provided on a full-time
basis.  Management personnel, for their part, need not be "chained to their desks" during
normal business hours, but they must report to work at the main studio on a daily basis and
spend a "substantial amount" of time there, using the studio as a "home base."  To the extent
that staff members may fully perform their duties with time to spare, and coverage of the
main studio permits, they may take on the responsibilities of another business during normal
business hours, while attending at the same time to the studio.

     4.  Turning first to its management presence, W-AIR, Inc., states that three
management employees worked out of the main studio:  a full-time regional sales manager
who worked out of the main studio five days per week and did not report to any other office,
a regional manager who worked at the main studio three days per week, and the president and
general manager who worked at the main studio one day per week.  W-AIR, Inc., asserts, and
we agree, that this level of management presence satisfies the requirements of Jones Eastern. 

     5.  W-AIR, Inc., satisfied the full-time staff presence requirement through an
arrangement with the owner of a bookstore that shared a common entrance with the station. 
Pursuant to the agreement, the bookstore owner greeted visitors and attended to the business
of the main studio during normal business hours.  In return, he was compensated for his
services.  Jones Eastern accepts that one who provides meaningful staff presence to the main
studio may take on the dual role of attending to another business.   Thus, we accept the
arrangement advanced by W-AIR, Inc., as one which falls within the allowable parameters of
Jones Eastern.

     6.  Accordingly, IT IS ORDERED, that the petition for reconsideration filed by 
W-AIR, Inc., former licensee of Station WAIR, Atlanta, Michigan, IS GRANTED.  IT IS
FURTHER ORDERED that the forfeiture previously assessed against W-AIR, Inc., in the
amount of seven thousand five hundred dollars ($7,500) for the willful and repeated violation
of 73.1125 of the Commission's Rules IS RESCINDED.  

     FEDERAL COMMUNICATIONS COMMISSION



     Roy J. Stewart
     Chief, Mass Media Bureau