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


In the Matter of                   )      File Number EB-02-TP-436
                                                             )
RJM Communications, Inc.           )     NAL/Acct. No.200332700026
Licensee of WGSR(AM) in            )                FRN 0008028938
Fernandina Beach, Florida          )
Kalamazoo, Michigan                )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: July 15, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find  RJM  Communications,  Inc. 
(``RJM''), licensee of radio station WGSR, Fernandina Beach, 
Florida, apparently liable for a forfeiture in the amount of 
twenty-one  thousand  dollars   ($21,000)  for  willful  and 
repeated violation of Sections 73.1125 and 73.1745(a) of the 
Commission's  Rules  (``Rules'')  and willful  violation  of 
Section 73.3526(c)(1) of the  Rules.1  Specifically, we find 
RJM Communications,  Inc. apparently  liable for  failure to 
maintain a presence at its main studio, exceeding authorized 
nighttime operating  power, and failure to  make available a 
public inspection file during regular business hours.

                         II.  BACKGROUND

     2.   RJM is  the licensee of AM  broadcast station WGSR 
in  Fernandina  Beach,   Florida.   WGSR's  station  license 
authorizes daytime power of 10  kW and nighttime power of 30 
watts.

     3.   On August  16, 2002, the FCC  Enforcement Bureau's 
Tampa Field  Office (``Tampa Office'') received  a complaint 
alleging that WGSR failed to reduce transmitter power at the 
required times as specified in the station authorization.
  
     4.   On September  10, 2002, two agents  from the Tampa 
Office monitored WGSR's signal.  Field strength measurements 
revealed  that  WGSR  did  not reduce  power  at  sunset  as 
required  by the  station authorization.   WGSR remained  at 
daytime power  until at  least 10:00  p.m.  Local  sunset is 
7:30 p.m. in September.

     5.   On September 11, 2002,  the agents again monitored 
WGSR's  signal.  Field  strength measurements  revealed that 
WGSR  did not  reduce power  at  sunset as  required by  the 
station authorization.  WGSR remained at daytime power until 
at least 9:03 p.m.
  
     6.   On September 12, 2002,  the agents inspected radio 
station WGSR during regular  business hours.  The agents met 
with Mr.  Joe Fisher, the  only person present at  WGSR, who 
assisted the agents during  the inspection.  Mr. Fisher told 
the  agents that  he was  employed by  Anscombe Broadcasting 
Group,  LTD  (``ABG'').   ABG  has held  a  local  marketing 
agreement  (``LMA'') with  RJM  since August  1, 2002.   Mr. 
Fisher stated  that RJM had  no employee at the  WGSR studio 
since August 7, 2002, at which time Mr. Fisher had fired the 
licensee's  only  employee.   Mr.   Fisher  stated  that  he 
operated the station's transmitter  manually and that he was 
not  present at  the  transmitter site  on  the evenings  of 
September 10  and 11,  2002, to  make the  transmitter power 
adjustments.  The  agents  found the  station's  transmitter 
operating at  or about  the authorized daytime  power level.  
The  agents  again  measured WGSR's  field  strength  during 
daytime hours and found the signal strength identical to the 
previous two  nights' measurements, thus verifying  that the 
field strength  measurements made during nighttime  hours on 
the  previous  two  nights  corresponded  to  the  station's 
daytime power  level.  Upon the  agents' request to  see the 
station's public  inspection file, Mr. Fisher  was unable to 
provide any contents of the file.

                      III.  DISCUSSION

     7.   Section  73.1125   requires  the  licensee   of  a 
broadcast station  to maintain a  main 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.   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, among  other things, must 
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  From August 7, 2002, until at least September 
12,  2002,  RJM  failed  to  maintain  managerial  or  staff 
presence at its main studio.  WGSR's main studio was staffed 
with an  employee of another  company with which RJM  had an 
LMA to provide programming on WGSR.

     8.   Section  73.1745(a)   states  that   no  broadcast 
station  shall operate  at times,  or with  modes or  power, 
other than those specified and made part of the license.  On 
September  10  and  11,  2002, station  WGSR  operated  with 
daytime power during nighttime hours.

     9.   Section 73.3526(a)(2) of  the Rules7 requires that 
every permittee or  licensee of an AM, FM. TV  or Class A TV 
station in the commercial  broadcast services shall maintain 
a public  inspection file containing the  material, relating 
to  that station,  described  in  paragraphs (e)(1)  through 
(e)(10)  and paragraph  (e)(13)  of  this section.   Section 
73.3526(b) of the Rules8 requires the public inspection file 
be  maintained  at  the   station's  main  studio.   Section 
73.3526(c)(1) of  the Rules  requires the file  be available 
for public  inspection at  any time during  regular business 
hours.   On September  12, 2002,  no public  inspection file 
material  was   available  for  inspection   during  regular 
business hours at the WGSR main studio.

     10.  Based  on  the evidence  before  us,  we find  RJM 
willfully9  and repeatedly10  violated Sections  73.1125 and 
73.1745(a)  of the  Rules,  and  willfully violated  Section 
73.3526(c)(1) of the Rules by failing to maintain a presence 
at its main studio, exceeding authorized nighttime operating 
power, and  failing to make available  the public inspection 
file during regular business hours.

     11.  Pursuant to Section 1.80(b)(4) of the Rules,11 the 
base  forfeiture amount  for  failure to  maintain a  public 
inspection  file   is  $10,000,  for   exceeding  authorized 
operating power is  $4,000 and for violation  of main studio 
rule  is  $7,000.   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.12  Considering  the entire 
record  and applying  the  factors listed  above, this  case 
warrants a $21,000 forfeiture.

                      IV.  ORDERING CLAUSES

     12.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,13 and Sections  0.111, 0.311 and 
1.80  of the  Rules,14  RJM Communications,  Inc. is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount of twenty-one thousand  dollars ($21,000) for willful 
and repeated violation of Sections 73.1125 and 73.1745(a) of 
the Rules, and willful violation of Section 73.3526(c)(1) of 
the Rules  for failing  to maintain a  presence at  its main 
studio, exceeding authorized  nighttime operating power, and 
failing to make available  the public inspection file during 
regular business hours.

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

     14.  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. 20554.15

     15.  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.  

     16.  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.

     17.  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.

     18.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to RJM  Communications, Inc., 1218 S. Park 
Street, Kalamazoo, MI 49001.   

                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau


Attachment
_________________________

1 47 C.F.R.  73.1125, 73.1745(a), and 73.3526(c)(1).

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; 7 FCC Rcd at 6800 n.4.

6 Id., 7 FCC Rcd at 6802.

7 47 C.F.R.  73.3526(a)(2).

8 47 C.F.R.  73.3526(b).

9 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).

10 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''  47 
U.S.C.  312(f)(2).

11 47 C.F.R.  1.80(b)(4).

12 47 U.S.C.  503(b)(2)(D).

13 47 U.S.C.  503(b).

14 47 C.F.R.  0.111, 0.311, 1.80.

15 See 47 C.F.R.  1.1914.