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                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C.  20554


In the Matter of                 )
                                )
Telemedia Broadcasting, Inc.     )  File No.  EB-01-IH-0456
WGRQ(FM)                         )  Facility ID No. 64922
Colonial Beach, Virginia         )
                                )
   and                           )
                                )
Rappahannock River               )
Broadcasting, LLC                )  Facility ID No. 62205
WGRX(FM)                         )
Falmouth, Virginia               )
                                )
                                )
                                )

                MEMORANDUM OPINION AND ORDER
Adopted: July 30, 2002                       Released:  July 

31, 2002



By the Chief, Investigations and Hearings Division, 
Enforcement Bureau:

                       I. INTRODUCTION

     1.  On July 3, 2001, the Free Lance-Star Publishing Co. 
of Fredericksburg, Virginia (``Free Lance-Star'') filed a 
complaint against Telemedia Broadcasting Company, Inc. 
(``Telemedia''), licensee of WGRQ(FM), Colonial Beach, 
Virginia  and Rappahannock River Broadcasting, LLC. 
(Rappahannock''), licensee of WGRX(FM), Falmouth, Virginia.  
The complaint alleged: 1) that Telemedia failed to maintain 
a main studio for Station WGRQ(FM) at a proper location as 
required by Section 73.1125 of the Commission's rules, 47 
C.F.R.  73.1125, 2) that Telemedia failed to maintain and 
provide public access to a complete local public inspection 
file for Station WGRQ(FM) as required by Section 73.3526 of 
the Commission's rules, 47 C.F.R.  73.3526, and 3) that 
Rappahannock filed a pleading interposed solely for the 
purpose of delay contrary to Commission policy prohibiting 
the filing of frivolous pleadings.  The complaint asserts 
that both Telemedia and Rappahannock are controlled by the 
same owner, Carl Hurlebaus. For the reasons discussed below, 
we admonish Telemedia for its failure to provide access to 
the entire local public inspection file on one occasion.  We 
deny the complaint with respect to the allegation that 
Telemedia violated the main studio rule and the allegation 
that Rappahannock filed a frivolous pleading.  




                       II. BACKGROUND

     2.  Free Lance-Star first alleges that Telemedia's main 
studio does not comply with Section 73.1125 of the 
Commission's rules.1  Free Lance-Star asserts that Station 
WGRQ(FM)'s main studio (located in Fredericksburg, Virginia) 
is outside the station's community of license, is 28.8 miles 
(more than 25 miles) from the reference coordinates of the 
center of its community of license and is outside its 
principal community contour.  Thus, according to Free Lance-
Star, Telemedia has not conformed to any of the three 
options provided for in the main studio rule.  Free Lance-
Star submitted an engineering statement including a map of 
what it asserts is Station WGRQ(FM)'s principal community 
contour. (Station WGRQ(FM) is the only broadcast station in 
its community of license.)  

     3.  Telemedia claims that the location of the WGRQ(FM) 
main studio is not in violation of the main studio rule 
because although its main studio is slightly more than 25 
miles from the center of its community of license, due to 
unique terrain, the station's own principal community 
contour includes the main studio location.  Thus the main 
studio is within the contour of a Colonial Beach, Virginia 
broadcast station.  Telemedia has submitted an alternative 
engineering statement which relies on a Longley Rice 
irregular terrain model of Station WGRQ(FM)'s principal 
community contour with its response.

     4.  Free Lance-Star also alleges that Telemedia 
violated Section 73.3526 of the Commission's rules which 
requires that each commercial broadcast station maintain and 
provide public access to a local public inspection file.  In 
support of this allegation, Free Lance-Star states that one 
of its employees, Gary C. Harrison, and Free Lance-Star's 
counsel, George Snead, visited the Telemedia main studio for 
Station WGRQ(FM) on June 27, 2001 and asked to see the 
public inspection file.  Mr. Harrison states that Tom 
Cooper, the station manager, tendered the public inspection 
file, but the file that they were provided was missing 
several documents required to be maintained in the file.  
Free-Lance Star also asserts that when its agents requested 
a copy of the contents of the file, the WGRQ(FM) station 
manager, Thomas Cooper, stated, ``I would prefer not to.''  

     5.  Telemedia responded that the events alleged are 
largely accurate, but that the failings were inadvertent.  
Mr. Harrison and Mr. Snead's visit occurred at a time when 
Telemedia was remodeling the main studio.  The station 
manager, Tom Cooper, provided access to what he believed to 
be the entire public inspection file and then asked that the 
Free-Lance Star personnel direct any questions to another 
station employee.  Mr. Harrison asked if Mr. Cooper could 
make a copy of the file, which Mr. Cooper interpreted as a 
request for an immediate copy of the entire file.  Mr. 
Cooper explained that he made the statement, ``I would 
prefer not to'' relating only to a request that he make an 
immediate copy of the entire file.  Mr. Cooper explained 
that he had to leave to take care of matters relating to the 
remodeling of the main studio.  He believes that, under the 
circumstances, the Free-Lance Star personnel should have 
both made their request for copies of his assistant and 
asked about the missing parts of the file before engaging in 
a game of ``gotcha.''2  Mr. Cooper attested that at all 
pertinent times the station has maintained a complete local 
public inspection file, and that the failure to provide the 
complete file was accidental.

     6.  With respect to the allegation that Rappahannock 
filed a frivolous pleading, Free Lance-Star alleges that 
Rappahannock filed a petition to deny an application to 
assign Station WWUZ(FM) Bowling Green, Virginia to Free 
Lance Star for purposes of delay.  The former Mass Media 
Bureau dismissed Rappahannock's Petition to Deny, considered 
the Petition as an informal objection which it then denied, 
and granted the underlying application.3  

                       III. DISCUSSION

     7.  Telemedia asserts that its main studio location is 
compliant because one of the options in our main studio rule 
permits it to locate its main studio anywhere within its 
principal community contour.  With its response, Telemedia 
submitted a supplemental engineering showing that utilizes 
the Longley-Rice irregular terrain model, arguing that, due 
to irregular terrain, its main studio lies within its 
principal community contour.  The Commission has approved 
the use of supplemental showings (including the Longley-Rice 
analysis) to show compliance with main studio requirements 
in situations involving irregular terrain.  See In the 
Matter of Amendments of Parts 73 and 74 of the Commission's 
Rules To Permit Certain Minor Changes in Broadcast 
Facilities Without A Construction Permit, 12 FCC Rcd. 12371, 
12401-03 (1997).4  We have reviewed the engineering 
submissions by Free-Lance Star and Telemedia.  Because the 
terrain involved would result in better signal propagation 
than is assumed in the standard contour prediction methods 
described in Section 73.313 of the Commission's rules, 47 
C.F.R.  73.313, we find that the location of the WGRQ(FM) 
main studio is not in violation of the Commission's rule.   
8.  With respect to Free-Lance Star's allegations regarding 
the public inspection file, we find that Telemedia failed to 
fully comply with the rules.  It appears that the station 
personnel were involved in remodeling the main studio of 
Station WGRQ(FM) at the time of the request and that the 
failure to provide the complete public inspection file was 
the result of oversight.  We find, nevertheless, that 
station personnel failed to provide access to the complete 
public inspection file upon request and failed to meet its 
obligation to provide copies for a reasonable duplication 
fee within 7 days upon request.  In light of all the facts 
and circumstances in this case, we hereby admonish Telemedia 
for its failure to fully comply with the public inspection 
file rule.  See In re Application of Tabback Broadcasting 
Company for Renewal of License Station KAZM(AM), Sedona, 
Arizona, 15 FCC Rcd 11899 (2000) (Commission affirmed staff 
decision to admonish licensee for violation of the public 
inspection file in similar circumstances).   9.  Finally, 
with respect to the allegation that Rappahannock filed a 
frivolous petition to deny an application to assign station 
WWUZ(FM) to Free-Lance Star, we cannot conclude that the 
petition to deny was frivolous.  Rappahannock alleged that 
Free-Lance Star engaged in anti-competitive conduct 
involving its other stations and its newspaper.  
Rappahannock argued that given this behavior, it was 
contrary to the public interest to permit it to acquire any 
additional stations.  While the former Mass Media Bureau 
denied the relief requested, the Bureau carefully considered 
the allegations and the applicable law before doing so.  We 
decline to issue any sanction relating to such filing.                                                          
IV. CONCLUSION 10.  ACCORDINGLY, Telemedia Broadcasting, 
Inc. is HEREBY ADMONISHED for violating Section 73.3526 of 
the Commission's Rules, 47 C.F.R. 73.3526.  The remainder 
of the complaint filed by Free-Lance Star Publishing Co. on 
July 3, 2001 is HEREBY DENIED.     11.  IT IS FURTHER 
ORDERED that a copy of this Memorandum Opinion and Order 
SHALL be sent via certified mail/return receipt requested to 
William H. Crispin, Esquire, Crispin & Brenner, P.L.L.C., 
1156 15th Street, N.W., Suite 1105, Washington, D.C. 2005 
and via regular mail to Arthur M. Belendiuk, Esquire, 
Smithwick & Belendiuk, P.C., 5028 Wisconsin Avenue, N.W. 
Suite 301, Washington, D.C. 20016.                          
FEDERAL COMMUNICATIONS COMMISSION                           
Charles W. Kelley                       Chief, 
Investigations and Hearings Division                                                                 
Enforcement Bureau 
_________________________

1 Section 73.1125 requires that the main studio must be 
either 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 25 miles from the 
reference coordinates of the center of its community of 
license.  

2 Response to Complaint at 6.

3 Letter from Peter H. Doyle, Chief, Audio Services 
Division, Mass Media Bureau to Arthur B. Belendiuk, Esquire, 
dated August 23, 2001 (File No. BALH-20010511AAF).

4 In a Report and Order the following year, the Commission 
further relaxed (in ways not applicable here) the main 
studio requirements in order to lessen the burden on the 
licensee.  In the Matter of Review of the Commission's Rules 
Regarding the Main Studio and Local Public Inspection Files 
of Broadcast Television and Radio Stations, 13 FCC Rcd. 
15691 (1998).