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

In the Matter of                   )     File Number: EB-02-NF-035
                                                            )
Sinclair Telecable, Inc.           )    NAL/Acct.: No.200332640005
Licensee of FM Radio Station WROX  )
in Cape Charles, Virginia          )               FRN: 0004833745
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 Sinclair  Telecable,  Inc., 
(``Sinclair'),  licensee  of  FM radio  station  WROX,  Cape 
Charles, 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 
Sinclair  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, the  FCC Enforcement  Bureau's 
Norfolk  Office  received  a  complaint  concerning  alleged 
overpower  operation by  WROX's  translator station  causing 
interference  to mobile  FM Broadcast  reception in  Newport 
News, Virginia.  

     3.   On August 27, 2002, at the request of a Commission 
agent,  a  Cape  Charles, Virginia  police  officer  visited 
WROX's  main studio  address  at 316  Randolph Avenue,  Cape 
Charles, Virginia, during normal business hours.  The police 
officer reported that there were no signs or markings on the 
office  at the  listed address  identifying the  location of 
WROX'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,  an agent  of the  Norfolk 
Office  visited WROX's  main studio  location, 316  Randolph 
Avenue,  Cape  Charles,  Virginia,  during  normal  business 
hours.  There  were no  signs or markings  on the  office to 
identify the  location of WROX'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 
Sinclair's Norfolk, Virginia office  and made a second visit 
to the listed address of WROX's main studio location, during 
normal business  hours.  During  the visit, the  agent found 
the main  studio location locked, unlit,  unoccupied, absent 
of any identifying markings, or  signs of office hours, with 
no  indication of  why the  office was  closed.  During  the 
telephone conversation, a Sinclair employee admitted that no 
one  was present  at  WROX's main  studio  location in  Cape 
Charles,   Virginia  because   of   ``...the  long   holiday 
(Thanksgiving weekend)...''  

     6.   Also, on November 25, 2002, from 1:50pm to 2:11pm, 
and on November 26, 2002, from 11:52am to 12:08pm, the agent 
monitored the  transmissions of  WROX.  During  those times, 
WROX  identified  only as  ``...  96X  ....''  The  official 
station  identification for  WROX was  not broadcast  during 
those times. 

                    III.      DISCUSSION

     7.   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 WROX'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 indicating the studio was closed or whom to contact.

     8.   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 November  25 and  November 26,  2002, WROX 
failed  to  transmit  its official  station  identification, 
identifying only as ``...96X....''

     9.   Based on the evidence  before us, we find Sinclair 
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  WROX during 
normal business hours and by failing to transmit an official 
station identification.

            10.    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  for 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 $8,000 forfeiture.     

                    IV.  ORDERING CLAUSES

     11.  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 Sinclair  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 WROX  during normal business hours  and by failing 
to transmit its official station identification.

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

     13.  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  Sinclair 
Telecable, Inc.,  500 Dominion  Tower, 999  Waterside Drive, 
Norfolk, Virginia 23410 and to Sinclair Telecable, Inc., 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.