WPC 2HBVX@Z3|P (TT)7PC2X_(XP\  P6QXP"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 4/4MCL) (Add) rm 8210HPLAS4.WRSSXj\  P6G;,, ĆXP2& zR@3|PTimes New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2T ZX X@ HP LaserJet 4/4MCL) (Add) rm 8210HPLAS4.WRSSXj\  P6G;,, ĆXP7PC2X DXP\  P6QXP.7UC2XxXU4  pQXW!0(X h0\  P6QhP5PC2X3EXP*f9 xQXX"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd X-x` `  hh@hpp  xx   xxDA 961310  X-x` `  hh@*2 Before the x Federal Communications Commission Washington D.C. 20554  X_- In the Matter of Liability of WAIR, Inc. Former Licensee, Station WAIRFM Atlanta, Michigan For a Forfeiture  X- | MEMORANDUM OPINION AND ORDER  Xb-Adopted: August 14, 1996hh ` ` x ` `  hh@ Released: August 16, 1996  X4- By the Chief, Mass Media Bureau: x1. 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 $7,500 against WAIR, Inc., former licensee of Station WAIR, Atlanta,  X-Michigan, for violation of 73.1125 of the Commission's Rules (the main studio rule)JP X#-ԍxPXX(,,,,,,XX(P The Commission approved an application to assign Station WAIR from WAIR, Inc., to Northern Michigan Radio, Inc., on December 23, 1993. WAIR, Inc., reports that the assignment was consummated on January 12, 1994. J and (2) a petition for reconsideration filed by WAIR, Inc. x2. The Memorandum Opinion and Order concluded that Station WAIR's main studio, located in Gaylord, Michigan, lacked the fulltime management and staff presence required by  X7-#Xh*f9 xr G;EXX#Jones Eastern of the Outer Banks, Inc., #Xj\  P6G; DXP#6 FCC Rcd 3615 (1991), #Xh*f9 xr G;EXX#clarified,#Xj\  P6G; DXP# 7 FCC Rcd 6800  X"-(1992), #Xh*f9 xr G;EXX#aff'd #Xj\  P6G; DXP#10 FCC Rcd 3759 (1995). #Xh*f9 xr G;EXX##Xj\  P6G; DXP#In its petition, WAIR, Inc., challenges this conclusion.  X-x3. As outlined in #Xh*f9 xr G;EXX#Jones Eastern, #Xj\  P6G; DXP#a main studio must maintain, at minimum, one fulltime managerial and one fulltime staff person. This staffing may consist of fulltime or parttime employees, so long as both management and staff presence are provided on a fulltime basis. Management personnel, for their part, need not be "chained to their desks" during normal business hours, but they must report to work at the main studio on a daily basis and spend a "substantial amount" of time there, using the studio as a "home base." To the extent"n$K0*0*0*F#" 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. x4. Turning first to its management presence, WAIR, Inc., states that three management employees worked out of the main studio: a fulltime 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. WAIR, Inc., asserts, and  X1-we agree, that this level of management presence satisfies the requirements of #Xh*f9 xr G;EXX#Jones Eastern.#Xj\  P6G; DXP# x5. WAIR, Inc., satisfied the fulltime 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  X -services. #XP*f9 xQEXX##Xh*f9 xr G;EXX#Jones Eastern#Xj\  P6G; DXP# accepts that one who provides meaningful staff presence to the main  X-studio may take on the dual role of attending to another business.#Xh*f9 xr G;EXX##Xj\  P6G; DXP# Thus, we accept the arrangement advanced by WAIR, Inc., as one which falls within the allowable parameters of  Vf-#XP*f9 xQEXX#Jones Eastern.#Xj\  P6G; DXP##Xh*f9 xr G;EXX##Xj\  P6G; DXP##Xj\  P6G; DXP##Xh*f9 xr G;EXX##Xj\  P6G; DXP# x6. Accordingly, IT IS ORDERED, that the petition for reconsideration filed by WAIR, Inc., former licensee of Station WAIR, Atlanta, Michigan, IS GRANTED. IT IS FURTHER ORDERED that the forfeiture previously assessed against WAIR, 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. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau x