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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )     File Number: EB-02-NF-101
                                                             )
Commonwealth Broadcasting, L.L.C.  )    NAL/Acct.: No.200332640004
Licensee of FM Radio Station       )
WEXM, Exmore, Virginia             )               FRN: 0004988002
Norfolk, Virginia                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

By the Enforcement Bureau, Norfolk Office:         Released: 
April 2,  2003

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find  Commonwealth  Broadcasting 
L.L.C. (``Commonwealth'), licensee of FM radio station WEXM, 
Exmore, Virginia, apparently liable  for a forfeiture in the 
amount of  eight thousand  dollars ($8,000) for  willful and 
repeated violation of Sections  73.1125(a) and 73.1201(b) of 
the Commission's Rules (``Rules'').1   Specifically, we find 
Commonwealth  apparently liable  for failing  to maintain  a 
presence at  its main  studio during normal  business hours, 
and failing to transmit official station identification. 

                          II.  BACKGROUND

     2.   On July 18, 2002, an  agent of the FCC Enforcement 
Bureau's Norfolk  Office attempted to conduct  an inspection 
of commercial  FM broadcast station WEXM,  licensed to serve 
Exmore, Virginia.  Commonwealth is licensed to  operate WEXM 
on a  frequency of  106.1MHz in the  FM broadcast  band. The 
local telephone book  did not contain a listing  for WEXM so 
the agent used direction-finding techniques to locate WEXM's 
transmitter at coordinates  North 37 31' 46'',  West 075 54' 
44'', in  Exmore, Virginia. The building  at the transmitter 
site  was  locked   and  vacant.   Subsequent  investigation 
revealed that on July 30, 2002, Commonwealth reported to the 
Commission  that  its main  studio  had  been moved  to  316 
Randolph Ave., Cape Charles, Virginia.

     3.   On August  27, 2002,  the agent telephoned,  and a 
Cape  Charles Police  officer  visited,  WEXM's main  studio 
address at 316 Randolph  Ave, Cape Charles, Virginia, during 
normal business hours. There was  no answer to the telephone 
call. The police  officer reported that there  were no signs 
or markings on the office  at the listed address identifying 
the location of WEXM's main studio.  In addition, the office 
door was locked,  the lights were out, there  were no office 
hours  denoted on  the door  and  no indication  of why  the 
office was closed.

     4.   On  November 26,  2002, the  agent telephoned  and 
visited the  listed address of WEXM's  main studio location, 
316  Randolph Ave.,  Cape Charles,  Virginia, during  normal 
business hours.  There was no  answer to the telephone call.  
When the agent arrived at  the listed address, there were no 
signs or markings on the  office to identify the location of 
WEXM's main studio.  The door  to the office was locked, the 
lights were out,  there were no office hours  denoted on the 
door and no indication of why the office was closed.

     5.   On  November   27,  2002,  the   agent  telephoned 
Commonwealth's  Norfolk, Virginia  office location.   During 
that   telephone  conversation,   a  Commonwealth   employee 
admitted that  no one  was present  at WEXM's  Cape Charles, 
Virginia   location  because   of   ``...the  long   holiday 
(Thanksgiving weekend)...'' 

     6.   Also,  on  November  27,  2002,  the  agent  again 
telephoned  and visited  the listed  address of  WEXM's main 
studio location during normal  business hours.  Still, there 
was  no  answer  to  the telephone  call,  the  main  studio 
location remained  locked, unlit, unoccupied, absent  of any 
identifying  markings,  no  signs  of office  hours  and  no 
indication of why the office was closed. 

     7.   On July 18, 2002, from 12:45pm to 2:07pm, November 
27, 2002,  from 11:45am  to 12:11pm,  and December  4, 2002, 
from  10:50am to  11:10am and  from 12:50pm  to 1:10pm,  the 
agent  monitored the  transmissions of  WEXM.  During  those 
times,  WEXM simulcast  the  programming of  WKOC, 93.7  MHz 
Chesapeake, Virginia, and identified only as ``... 93.7, the 
Coast ....''  The official  station identification  for WEXM 
was not broadcast during those times. 

                    III.      DISCUSSION

     8.   Section 73.1125(a)  of the Rules states  that each 
AM, FM, or  TV broadcast station shall maintain  a studio at 
one  of the  following locations:  (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 twenty-five miles  from the reference coordinates 
of the  center of its  community of license as  described in 
73.208(a)(1).   In  adopting  the main  studio  rules,  the 
Commission stated  that the station's main  studio must have 
the  capability to  serve  the needs  and  interests of  the 
residents  of  the  station's  community  of  license.2   To 
fulfill this  function, a station must,  among other things, 
maintain  a meaningful  presence at  its main  studio.3  The 
Commission has  defined a minimally  acceptable ``meaningful 
presence''  as  full-time  managerial  and  full-time  staff 
personnel.4   The  licensee need  not  have  the same  staff 
person  and manager  at the  studio,  as long  as there  was 
management and  staff presence there during  normal business 
hours.5  Although management personnel need not be ``chained 
to  their desks''  during normal  business hours,  they must 
``report  at the  main  studio  on a  daily  basis, spend  a 
substantial amount of time there and ... use the studio as a 
home base.''6   On August 27,  November 26 and  November 27, 
2002, no  person was  present at WEXM's  main studio  at its 
listed  address in  Cape  Charles,  Virginia, during  normal 
business hours.   On each day,  the main studio  was locked, 
unlit  and unoccupied.   There  was no  notice  at the  main 
studio nor any  message at the main  studio telephone number 
indicating the studio was closed or whom to contact.

     10.   Section  73.1201(b)  of the  Rules  states  that, 
``[o]fficial  station identifications  shall consist  of the 
station's call letters immediately followed by the community 
or  communities specified  in its  license as  the station's 
location...'' On July 18, November  27 and December 4, 2002, 
WEXM failed to transmit its official station identification, 
identifying only as ``...93.7, the Coast....''

     11.  Based  on   the  evidence   before  us,   we  find 
        Commonwealth willfully7 and repeatedly8 violated 
Sections 73.1125(a)  and 73.1201(b) of the  Rules by failing 
to maintain  a presence  at the main  studio of  WEXM during 
normal business hours and by failing to transmit an official 
station identification.

     12.  Pursuant to Section 1.80(b)(4)  of the Rules,9 the 
        base forfeiture amount for violation of main 
studio rules is $7,000, and failing to transmit the required 
station identification is $1,000.  In assessing the monetary 
forfeiture  amount,  we  must  also take  into  account  the 
statutory factors  set forth in Section  503(b)(2)(D) of the 
Communications  Act of  1934,  as  amended (``Act''),  which 
include the  nature, circumstances,  extent, and  gravity of 
the violation, and with respect  to the violator, the degree 
of culpability,  any history  of prior offenses,  ability to 
pay,  and  other  such  matters as  justice  may  require.10  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants an $8,000 forfeiture.  

                    IV.  ORDERING CLAUSES

     13.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
        Section 503(b) of the Act,11 and Sections
  0.111, 0.311  and  1.80 of  the  Rules,12 Commonwealth  is 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in the amount of eight thousand dollars ($8,000) for willful 
and repeated violation of Sections 73.1125(a) and 73.1201(b) 
of the Rules  by failing to maintain a presence  at the main 
studio of WEXM  during normal business hours  and by failing 
to transmit its official station identification.

     14.  IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, Commonwealth  SHALL PAY  the full  amount of  the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     15.  Payment of the forfeiture may be made by mailing a 
check or  similar instrument,  payable to  the order  of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The payment should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.13

     16.  The  response, if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street SW,  Washington DC  20554, Attn:  Enforcement Bureau-
Technical  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above.  

     17.  The  Commission  will  not  consider  reducing  or 
        canceling a forfeiture in response to a claim of
 inability to pay unless the petitioner submits: (1) federal 
tax  returns  for the  most  recent  three-year period;  (2) 
financial   statements  prepared   according  to   generally 
accepted accounting practices (``GAAP'');  or (3) some other 
reliable   and  objective   documentation  that   accurately 
reflects  the petitioner's  current  financial status.   Any 
claim  of inability  to pay  must specifically  identify the 
basis  for   the  claim   by  reference  to   the  financial 
documentation submitted. 

     18.  Under the  Small Business Paperwork Relief  Act of 
        2002, Pub L. No. 107-198, 116 Stat. 729
 (June 28, 2002), the FCC  is engaged in a two-year tracking 
process  regarding   the  size   of  entities   involved  in 
forfeitures.  If  you qualify as  a small entity and  if you 
wish to be treated as  a small entity for tracking purposes, 
please so certify to us within thirty (30) days of this NAL, 
either in your  response to the NAL or in  a separate filing 
to be sent to the  Technical & Public Safety Division.  Your 
certification  should indicate  whether you,  including your 
parent  entity  and  its   subsidiaries,  meet  one  of  the 
definitions  set forth  in the  list provided  by the  FCC's 
Office of  Communications Business Opportunities  (OCBO) set 
forth in Attachment A of  this Notice of Apparent Liability.  
This information  will be  used for tracking  purposes only.  
Your response  or failure to  respond to this  question will 
have no effect on  your rights and responsibilities pursuant 
to Section  503(b) of the  Communications Act.  If  you have 
questions  regarding any  of  the  information contained  in 
Attachment A, please contact OCBO at (202) 418-0990.

     19.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
        shall be sent by regular mail and
  Certified Mail  Return Receipt  Requested to  Commonwealth 
Broadcasting,  L.L.C.  500  Dominion  Tower,  999  Waterside 
Drive, Norfolk,  Virginia 23510  and 316 Randolph  Ave. Cape 
Charles, Virginia 23310.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Luther Bolden,
                         Resident  Agent,   Norfolk  Office, 
Enforcement Bureau
                         
_________________________

1 47 C.F.R.  73.1125(a) and 73.1201(b).

2 Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).

3 Id.

4 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 
3616 (1991), clarified, 7 FCC Rcd 6800 (1992).

5 Id., 6 FCC Rcd at 3616, n.2.

6 Id., 7 FCC Rcd at 6802.

7 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any 
intent to violate any provision of this Act . . . .''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387-88 
(1991).

8 The term ``repeated'' means the commission or omission of 
an act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C.  312(f)(2).

9 47 C.F.R.  1.80(b)(4).

10 47 U.S.C.  503(b)(2)(D).

11 47 U.S.C.  503(b).

12 47 C.F.R.  0.111, 0.311, 1.80.

13 See 47 C.F.R.  1.1914.