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

In the Matter of                  )
                                 )   EB Docket No. 02-367
RADIO MOULTRIE, INC.              )   EB-01-IH-0259
                                 )   Facility #54680
Licensee, Station WMGA(AM),       )   FRN #0007570443  
Moultrie, Georgia                 )




                     ORDER OF REVOCATION
     

Adopted:  November 3, 2003                        Released:  
November 4, 2003

By the Chief, Enforcement Bureau:

                       I. Introduction

     1.   By  this  Order,   acting  pursuant  to  authority 
delegated   to   the   Enforcement  Bureau   under   Section 
0.111(a)(16)  of the  Commission's  rules,1   we revoke  the 
above-captioned  broadcast license  held by  Radio Moultrie, 
Inc. (``RMI'')  for RMI's having violated  Section 310(d) of 
the Communications  Act of 1934, as  amended (``the Act''),2 
and Section 73.3540 of the  Commission's rules,3 and for its 
having  failed to  follow the  Commission's directives.   We 
conclude, based upon  the evidence of its  conduct, that RMI 
lacks the basic requisite character qualifications to be and 
remain a Commission licensee. 

                       II.  Background
     
     2.   The Commission designated  this case for hearing.4  
The OSC specified the following issues:   

          (a)  to determine the facts and circumstances 
             surrounding RMI's  operation of  WMGA(AM), 
             Moultrie,  Georgia,  in   connection  with 
             possible violation  of  Section 310(d)  of 
             the   Act,   and/or    Sections   73.3540, 
             73.3615(a), 73.1745, 17.50,  17.51, 17.48, 
             17.4, 11.35, 11.15, 73.1820,  73.1125, and 
             73.1870 of the Commission's rules, as well 
             as orders from  the Enforcement  Bureau to 
             provide responses  to letters  of inquiry; 
             and

          (b)  to determine,  in light of  the evidence 
             adduced pursuant to issue (a), whether RMI 
             has the requisite qualifications  to be or 
             remain  a  Commission  licensee  and  thus 
             whether its  captioned  broadcast  license 
             should be revoked.5   
     
     3.   The   OSC  also   ordered  the   Presiding  Judge, 
notwithstanding the resolution of  the designated issues, to 
determine whether  the Commission  should impose  a monetary 
forfeiture against  RMI for having willfully  and repeatedly 
violated  numerous   statutory  and   regulatory  provisions 
administered by the Commission.6  In accordance with Section 
1.80 of  the Commission's  rules,7 the  OSC set  the maximum 
forfeiture amount at $300,000.8 

     4.   The OSC  ordered RMI, pursuant to  Section 1.91(c) 
of  the  Commission's  rules,9  within thirty  days  of  its 
receipt of the  OSC (i.e., by December 26, 2002),  to file a 
written notice of appearance in order to avail itself of the 
opportunity to be heard.10  The  OSC admonished RMI that, if 
it failed  to so  file a written  notice of  appearance, its 
right to a hearing on  the matter of its captioned broadcast 
license  would   be  deemed   waived,  and   the  proceeding 
thereafter would be resolved in accordance with Section 1.92 
(c) of the Commission's rules.11   

     5.   The  Presiding  Judge   determined  that  RMI  had 
received a copy of the OSC  but had failed to file a written 
(or any other) notice of  appearance seeking to avail itself 
of  the   opportunity  to  be  heard.12    Accordingly,  the 
Presiding Judge concluded that RMI had waived its right to a 
hearing,  and he terminated the proceeding and certified the 
case to the Commission  for disposition13 in accordance with 
Section 1.92(c) of the Commission's rules.14  The Commission 
has delegated  authority to the Enforcement  Bureau for such 
revocation proceedings,  terminated on the basis  of waiver, 
pursuant  to   Section  0.111(a)(16)  of   the  Commission's 
rules.15  

                         III.  Facts

     6.   RMI is the licensee  of Station WMGA(AM)16 and has 
been  controlled by  the  Elder  family since  approximately 
September 6, 1991.17  On March  21, 2001, a Commission field 
agent performed an on-site inspection of the station.18  The 
agent found no presence of  the station's licensee, RMI, and 
evidence that  strongly suggested that, after  the station's 
last license renewal  in 1996, RMI had  abdicated control of 
the station,  first to  Dixie Broadcasting,  Inc. (``DBI''), 
and  then to  Aubrey Smith  (``Smith'') and  Sam and  Gracie 
Zamarron (the ``Zamarrons'').19    The Commission's records, 
however, do not reflect that RMI filed any agreement to sell 
the station to  any of those entities or  individuals or any 
application for Commission approval of such an assignment or 
transfer of control.20 

     7.   On  April 13,  200121  and April  23, 2002,22  the 
Commission's staff sent separate  sets of inquiry letters to 
RMI and DBI to investigate  whether RMI had violated Section 
310(d) of  the Act and  Section 73.3540 of  the Commission's 
rules by transferring control of Station WMGA(AM) to others, 
including   DBI,   without   prior  authorization   of   the 
Commission,  as  well  as  whether  it  had  violated  other 
rules.23  Both  letters explicitly ``directed'' RMI  and DBI 
to respond.24  On August 28, 2001, DBI filed its response to 
the staff's  initial inquiry letter.25  RMI  did not respond 
to either of the staff's 2001 LOI or 2002 LOI.26
           
     8.   As  a  result  of  the  March  21,  2001,  on-site 
inspection, an FCC field agent  discovered that RMI had: (1) 
failed  to   change  the  station  to   its  critical  hours 
directional array as required by  its license; (2) failed to 
repaint its  tower structures after seventy-five  percent of 
their orange  and white paint  had flaked off; (3)  left its 
towers completely  unlit during nighttime hours;  (4) failed 
to report  the station's  tower light extinguishment  to the 
Federal  Aviation  Administration (``FAA'')  Flight  Service 
Station nearest  Moultrie, Georgia;  (5) failed  to register 
its station towers with this  agency; (6) failed to maintain 
EAS equipment  readiness; (7) failed  to maintain a  copy of 
the  EAS Operating  Handbook  at normal  duty stations;  (8) 
failed to  keep a station  log; (9) left the  station's main 
studio  unattended; and  (10)  failed to  designate a  chief 
operator at the station.  


                       IV.  Violations
                               
A.   RMI  Has  Unlawfully Relinquished  Control  of  Station 
WMGA(AM)
     
     9.   Section 310(d)  of the Act provides,  in pertinent 
part: 

     No  construction  permit  or station  license,  or  any 
     rights  thereunder, shall  be transferred,  assigned or 
     disposed  of in  any manner,  voluntarily, directly  or 
     indirectly,   or  by   transfer  of   control  of   any 
     corporation except  upon application to  the Commission 
     and  upon finding  by  the Commission  that the  public 
     interest,  convenience  and  necessity will  be  served 
     thereby   .  .  .  .
     
Thus, Section 310(d) prohibits the  transfer of control of a 
station  licensee  without  prior  Commission  consent.   In 
ascertaining whether a licensee has transferred control, the 
Commission looks  beyond the  legal title  to whether  a new 
entity or  individual possesses  the right to  determine the 
basic  operating policies  of the  station.27  Specifically, 
the  Commission looks  to three  essential areas  of station 
operation:  programming, personnel, and finances.28

     10.  A  licensee's  participation  in a  TBA  or  local 
marketing   agreement  does   not  per   se  constitute   an 
unauthorized transfer of  control or a violation  of the Act 
or any Commission  rules or policies.29    Whether  or not a 
TBA exists,  in evaluating an allegation  of an unauthorized 
transfer  of  control,  we  look  to  whether  the  licensee 
continues  to  have  ultimate   control  over  its  station, 
including  its  programming,  personnel,  and  finances.   A 
licensee is permitted under  Section 310(d) to delegate day-
to-day operations relating to those  three areas, as long as 
it  continues  to  establish   the  policies  guiding  those 
operations.30   Thus,  in   making   a  determination,   the 
Commission looks  not only to who  executes the programming, 
personnel,  and finance  responsibilities, but  also to  who 
establishes the policies governing those three areas.31
     
     11.  Section  73.3540   of  the   Commission's  rules32 
requires that  a licensee must  obtain prior consent  of the 
Commission to a voluntary  assignment of license or transfer 
of control of the licensee by filing either on FCC Form 314, 
if an assignment is contemplated, or  on FCC Form 315, for a 
transfer of control.  Here, no such application was filed.33  
Thus, any transfer of control of RMI has not been approved. 

     12.     We find  further  that RMI  abdicated de  facto 
control of  the station to  DBI at some point  subsequent to 
entering into  the oral  TBA with DBI  in November  1998 and 
that  RMI's  relinquishment  of   control  appears  to  have 
continued  unabated since  that time.34   Moreover, we  find 
that RMI's oral TBA with  DBI, and RMI's subsequent conduct, 
was not  consistent with the limited  delegations of control 
allowed   under   Commission   precedent   concerning   such 
arrangements  discussed  above,  and instead  constituted  a 
wholesale abdication of station  control.  Thus, we conclude 
that  RMI  violated  Section  310(d)  of  the  Act  and  the 
pertinent Commission  rules by  transferring control  of the 
station without prior FCC consent.  
 
B.   RMI  Has Repeatedly  Failed  to  Respond to  Commission 
Inquiries   
     
     13.  It is well settled that licensees must comply with 
Commission orders,  including those requiring  the provision 
of  information.35  Without  such licensee  cooperation, the 
Commission's  ability to  regulate effectively  is seriously 
undermined.  In  its 2001 LOI  and 2002 LOI, the  staff made 
detailed  inquiries  questioning  whether RMI  had  violated 
Section  310(d) of  the Act,36  and Section  73.3540 of  the 
Commission's  rules37  by  transferring control  of  Station 
WMGA(AM)   to   others,   including   DBI,   without   prior 
authorization of the  Commission, as well as  whether it had 
violated other rules.  The staff  sent the 2001 LOI and 2002 
LOI by certified mail, return  receipt requested, to RMI and 
DBI,   at  their   respective  addresses   of  record,   and 
specifically  ``directed''  that  the companies  file  their 
responses  within  thirty days.   On  August  28, 2001,  DBI 
responded to  the 2001  LOI, the only  occasion on  which it 
provided the  Commission with  information about  this case.  
RMI  did not respond  to either  the 2001  LOI or  2002 LOI, 
although signed United  States Postal Service certified-mail 
postcards were  returned, establishing that G.  Chris Elder, 
Susan  Fuller  Elder,  and  Paul  Sullivan  signed  for  and 
accepted delivery of both letters on behalf of RMI.38  Thus, 
we  conclude  that  RMI violated  Commission  directives  by 
repeatedly failing to respond to the staff's inquiries.

C.   RMI  Has  Violated  Numerous Commission  Rules  In  Its 
Operation of  Station WMGA(AM)

     14.  The  FCC's  March  21,  2001,  on-site  inspection 
established   that  the   station  also   violated  numerous 
Commission  rules, including:   (1) Section  73.1745 of  the 
Commission's  rules39  (unauthorized  power) by  failing  to 
change to  its critical hours directional  array as required 
by its license; (2) Section 17.50 of the Commission' rules40 
(antenna cleaning and repainting)  by failing to repaint its 
tower structures after seventy-five  percent of their orange 
and white  paint had  flaked off; (3)  Section 17.51  of the 
Commission's rules41 (time when  lights should be exhibited) 
by  leaving its  towers  completely  unlit during  nighttime 
hours;  (4)  Section  17.48   of  the  Commission's  rules42 
(notification of  extinguishment or improper  functioning of 
lights)  by  failing to  report  the  station's tower  light 
extinguishment  to   the  Federal   Aviation  Administration 
(``FAA'') Flight Service  Station nearest Moultrie, Georgia; 
(5)  Section  17.4  of  the  Commission's  rules43  (antenna 
structure registration)  by failing to register  its station 
towers  with   this  agency;   (6)  Section  11.35   of  the 
Commission's  rules44 (equipment  operational readiness)  by 
failing  to maintain  EAS equipment  readiness; (7)  Section 
11.15 of  the Commission's rules45 (EAS  operating handbook) 
by failing to maintain a  copy of the EAS Operating Handbook 
at  normal  duty  stations;   (8)  Section  73.1820  of  the 
Commission's  rules46 (station  log)  by failing  to keep  a 
station log; (9) Section 73.1125 of the Commission's rules47 
(station main  studio location and staffing)  by leaving the 
station's main  studio unattended; (10) and  Section 73.1870 
of the Commission's rules48  (chief operators) by failing to 
designate a chief operator at the station.

     15.  Section 17.50  of the Commission's  rules requires 
that antenna structures requiring  painting shall be cleaned 
or  repainted  as  often   as  necessary  to  maintain  good 
visibility.49   Section  73.51  of  the  Commission's  rules 
further requires that all  red obstruction lighting shall be 
exhibited  from sunset  to  sunrise.50   The Commission  has 
statutory  authority  affirmatively  to  require  repainting 
and/or illumination of radio towers  in cases where it finds 
that there is  a reasonable possibility that  the towers may 
constitute a  menace to air navigation.51   During the March 
2001 inspection, the Commission  field agent discovered that 
RMI  had   left  the  structures  completely   unlit  during 
nighttime  hours.52    He  also  found   that  approximately 
seventy-five percent  of the orange  and white paint  of the 
station's broadcast tower structures had flaked off.53     

     16.  Section 17.48(a) of the Commission's rules further 
requires that  owners of  antenna structures that  have been 
assigned   lighting   specifications  shall   report   their 
malfunctioning or  extinguishment of any top  steady burning 
or flashing  obstruction light that is  not corrected within 
thirty minutes to the nearest  Flight Service Station of the 
FAA.54  Furthermore, Section  17.4(a)(2) of the Commission's 
rules requires that the owner of any existing structure that 
has been assigned painting or lighting requirements prior to 
July 1, 1996, as here,  must register its structure with the 
FCC  prior  to  July  1,  1998.55   In  this  case,  further 
inspection revealed that no notice had been provided the FAA 
Flight Service  Station nearest  Moultrie, Georgia,  for the 
station's  light extinguishment,56  as  required by  Section 
17.48(a) of the Commission's rules,57 and that the station's 
towers  have  not  been  registered  with  this  agency,  as 
required by Section 17.4(a)(2)  of the Commission's rules.58  
In view of  the foregoing, RMI has  violated Sections 17.50, 
17.51, 17.48(a), and 17.4(a)(2) of the Commission's rules.59
       
                      V.  License Revocation

     17.  RMI's failure  to respond to two  staff directives 
impeded the Commission's orderly  ascertainment of the facts 
surrounding the operation of the station and exacerbates the 
unauthorized transfer  of control of RMI  by protracting the 
investigation  and thus  the licensee's  continuing unlawful 
abdication  of  station  control.  RMI's  total  failure  to 
respond   to   Commission   inquiries,  coupled   with   its 
unauthorized  transfer of  control and  multiple other  rule 
violations,  warrants  the   strongest  possible  Commission 
sanctions.60    

     18.  The   Commission's   Broadcast  Character   Policy 
Statement61 provides  that violations of  the Communications 
Act or of  the Commission's rules are  matters predictive of 
licensee  behavior   and  are   directly  relevant   to  the 
functioning  of the  Commission's  regulatory mission.   The 
violations described  above mandate the conclusion  that RMI 
does  not  possess the  requisite  qualifications  to be  or 
remain  a Commission  licensee.  For  the reasons  discussed 
above, RMI has  demonstrated that its conduct  as a licensee 
before  the   Commission  is   unreliable.   Based   on  the 
foregoing,  we conclude,  as  a matter  of  law, that  RMI's 
broadcast license for WMGA(AM)  should be revoked.  In light 
of our decision to revoke RMI's  license, we do not impose a 
forfeiture.  We  believe license revocation is  a sufficient 
sanction in this context.  

                    VI.  Ordering Clauses

     19.  Accordingly,  IT IS  ORDERED, pursuant  to Section 
312 of  the Communications  Act of  1934, as  amended,62 and 
Sections  1.92(d)  and   0.111(a)(16)  of  the  Commission's 
rules,63 that the captioned broadcast license held by RMI IS 
REVOKED, effective the fortieth  (40th) day after release of 
this Order, unless RMI  files a petition for reconsideration 
within thirty  (30) days  of the release  of this  Order, in 
which  case the  effective  date will  be suspended  pending 
further Order of the Commission.   

     20.  IT IS FURTHER ORDERED that copies of this ORDER OF 
REVOCATION AND  FORFEITURE shall  be sent by  Certified Mail 
Return  Receipt  Requested  to Radio  Moultrie,  Inc.,  1151 
Hendricks Street, Covington, Georgia  30209; to Mr. G. Chris 
Elder,  1140 Milstead,  Conyers,  Georgia, 30012.   Courtesy 
copies  shall  be sent  via  regular  mail  to Mr.  Gary  A. 
Mitchell  d/b/a Dixie  Broadcasting, Inc.,  30 North  Norton 
Avenue, Sylacauga, Alabama, 35150; to Mr. Aubrey Smith, P.O. 
Box  2239, Tifton,  Georgia, 31793;  and to  Sam and  Gracie 
Zamarron, P.O. Box 2239, Tifton, Georgia, 31793. 

                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau
  

























_________________________

1 47 C.F.R.  0.111(a)(16).

2 47 U.S.C.  310(d).

3 47 C.F.R.  73.3540.

4 Order to Show Cause and Notice of Opportunity for Hearing, 
17 FCC Rcd 24304 (2002) (the ``OSC''), released November 26, 
2002.

5 OSC at  15.

6 OSC at  16.

7 47 C.F.R.  1.80.

8 Id.

9 47 C.F.R.  1.91(c).

10  OSC at  17.

11  47 C.F.R.    1.92(c).  Section  1.92(c) provides  that, 
whenever a  hearing is waived, the  presiding administrative 
law judge shall, at the  earliest practicable date, issue an 
order reciting  the events  or circumstances  constituting a 
waiver of  hearing, terminating the hearing  proceeding, and 
certifying the case to the Commission.
  
12  Memorandum  Opinion  and  Order,  FCC  03M-06,  released 
January 27, 2003 (``MO&O'').

13 In his additional Memorandum  Opinion and Order, FCC 03M-
05, released  January 27, 2003, the  Presiding Judge granted 
Douglas  M.  Sutton, Jr.'s  Petition  to  Intervene in  this 
proceeding for the limited  purpose of correcting Commission 
records to reflect that  Sutton's connection with RMI ceased 
in September 1992. 

14 47 C.F.R.  1.92(c).

15 47 C.F.R.  0.111(a)(16).

16 In  addition to  not filing a  notice of  appearance, RMI 
failed to  appear at  the hearing or  file any  statement in 
response to the OSC.  See  MO&O.  Thus, the facts recited in 
the OSC  are uncontested.   Based upon that  information and 
that  contained in  other pertinent  Commission records,  we 
make the following specific factual findings.

17   See OSC  at   4.    This  is the  date  on which  the 
Commission  approved the  transfer  of control  of RMI,  the 
station's  licensee, to  Dr.  James Charles  Elder, Sr.,  G. 
Chris Elder and  Douglas M. Sutton, Jr. from  James D. Hardy 
and Douglas M. Sutton, Jr.  See File No. BTC- 910403EB.  The 
parties filed that  application to seek approval  of a prior 
transaction that  the Mass  Media Bureau  had found  to have 
constituted an unauthorized transfer  of control.  See In re 
Liability  of Radio  Moultrie, Inc.  (MMB 1992),  reduced on 
reconsideration,  Memorandum Opinion  and Order,  8 FCC  Rcd 
4266  (MMB  1993)  (original forfeiture  amount  of  $10,000 
reduced to $1,000 based upon finding of financial hardship).  
The  Mass Media  Bureau  approved a  subsequent transfer  of 
control  of  RMI  on  September  29,  1992,  whereby  Sutton 
relinquished  his  interest in  the  licensee  to Dr.  James 
Charles Elder, Sr.,  and G. Chris Elder.  See  File No. BTC- 
920730EA.

18 OSC at  6.

19 Id.

20 OSC at  4.

21  Letter  from  the  Chief,  Investigations  and  Hearings 
Division, Enforcement Bureau, to  RMI, dated April 13, 2001; 
Letter from the Chief, Investigations and Hearings Division, 
Enforcement   Bureau,  to   DBI,   dated   April  13,   2001 
(collectively, the ``2001 LOIs'').
 
22  Letter  from  the  Chief,  Investigations  and  Hearings 
Division, Enforcement Bureau, to  RMI, dated April 23, 2002; 
Letter from the Chief, Investigations and Hearings Division, 
Enforcement   Bureau,  to   DBI,   dated   April  23,   2002 
(collectively, the ``2002 LOIs'').

23 OSC at  5.

24 Id.  

25 See id.; Letter from DBI to the Chief, Investigations and 
Hearings  Division,  Enforcement  Bureau, dated  August  28, 
2001.   Therein,  DBI represented  that  it  had planned  to 
acquire Station WMGA(AM) from RMI,  and that the parties had 
entered into  an oral time brokerage  agreement (``TBA'') in 
November 1998, so  that DBI could operate  the station until 
the parties  could agree on  a price.  However,  the parties 
never reached agreement.  DBI indicated that RMI's mortgagor 
and  former  controlling  principal and  shareholder,  James 
Hardy,  thereafter offered  to  sell to  DBI the  licensee's 
then-delinquent  note.  DBI  represented  that it  completed 
purchase of  the note  via lien-satisfaction  proceedings in 
April 2000.  DBI  stated that, at this point,  RMI ceased to 
communicate  with it,  and  refused to  cooperate in  filing 
consensual   license   assignment  applications   with   the 
Commission.  DBI maintained that it continues to pay RMI its 
contract  amount  under  the  TBA,  that  it  now  owns  the 
station's  real   estate  and   equipment,  but   ``not  the 
licenses.''   Finding  it  difficult   to  work  with  RMI's 
principal, G.  Chris Elder, and unable  to devote sufficient 
time  to  broadcasting,  DBI indicated  that  it  thereafter 
entered into a further TBA  and ``sub-lease'' with Smith and 
the  Zamarrons in  December 2000,  contingent upon  a future 
asset sale arrangement.  DBI  represented that Smith and the 
Zamarrons have operated the station since that time.

26 OSC at  5.

27  See  WHDH, Inc., 17  FCC 2d  856 (1969), aff'd  sub nom. 
Greater Boston Television  Corp. v. FCC, 444  F.2d 841 (D.C. 
Cir. 1970), cert. denied, 403 U.S. 923 (1971).

28   See, e.g.,  Stereo  Broadcasters, Inc.,  87  FCC 2d  87 
(1981), recon. denied, 50 R.R. 2d 1346 (1982).

29 See,  e.g., WGPR, Inc.,  10 FCC  Rcd 8141 (1995);  Roy R. 
Russo,  Esquire,  5  FCC  Rcd 7586  (MMB  1990);  Joseph  A. 
Belisle, Esquire, 5 FCC Rcd 7585 (MMB 1990).

30 See  Southwest Texas Public Broadcasting  Council, 85 FCC 
2d  713,  715  (1981); The  Alabama  Educational  Television 
Commission, 33 FCC 2d 495, 508 (1972).

31  See WGPR, Inc., 10 FCC Rcd at 8142.

32 47 C.F.R.  73.3540.

33As noted above, DBI claims  to have acquired the station's 
physical assets through purchase of  the Hardy note in April 
2000, and contends  that RMI would not  cooperate in seeking 
consensual assignment of the license.  OSC at  3.

34 RMI relinquished whatever control  of the station that it 
may have had in April  2000, when DBI acquired the station's 
assets through lien-satisfaction proceedings.  OSC at  3. 

35 In  re SBC  Communications, Inc., 17  FCC Rcd  7589, 7595 
(2002) ($100,000  forfeiture imposed  for failure  to comply 
with Commission  order to provide sworn  statement verifying 
truth and accuracy of responses to Enforcement Bureau letter 
of inquiry). 

36 47 U.S.C.  310(d).

37 47 C.F.R.  73.3540.
 
38 OSC at   13.  The staff's  2001 LOI and 2002  LOI to RMI 
was  sent by  certified-mail both  to its  official business 
address  according  to  Commission records,  1151  Hendricks 
Street,  Covington, GA  30209, and  to Mr.  G. Chris  Elder, 
RMI's  corporate principal,  at his  personal address,  1140 
Milstead, Conyers, GA 30012.    

39 47 C.F.R.  73.1745.

40 47 C.F.R.  17.50.

41 47 C.F.R.  17.51.

42 47 C.F.R.  17.48.

43 47 C.F.R.  17.4.

44 47 C.F.R.  11.35.

45 47 C.F.R.  11.15.

46 47 C.F.R.  73.1820.

47 47 C.F.R.  73.1125.

48 47 C.F.R.  73.1870.

49 See 47 C.F.R.  17.50.

50 See 47 C.F.R.  17.51.

51 47  U.S.C.   303(q); Report  and Order  Streamlining the 
Antenna Structure  Clearance Procedure  and Revision  of the 
Rules  Concerning  Construction,  Marking  and  Lighting  of 
Antenna Structures, 11 FCC Rcd 4272 (1995).

52OSC at  6. 

53 Id.

54 See 47 C.F.R.  17.48(a).

55 See  47 C.F.R.   17.4(a)(2).  Due  to the height  of its 
four-tower   array,  Station   WMGA(AM)'s  current   license 
contains   painting   and  lighting   requirements   imposed 
following the recommendation of  FAA Study 00S04723.

56 See OSC at  6.

57 47 C.F.R.  17.48(a).

58 47 C.F.R.  17.4(a)(2).

59 See 47 C.F.R.  17.50, 17.51, 17.48(a), and 17.4(a)(2).

60  See In  re William  E. Blizzard,  Jr., t/a  Macon County 
Broadcasting Co., 25 FCC 2d 926 (1970) (Commission found the 
licensee's repeated  failure to  respond to  staff inquiries 
was   dilatory,  warranting   license  revocation);   In  re 
Revocation of the License  of Shedd-Agard Broadcasting, Inc. 
(KLSU), 41 FCC 2d 93 (I.D. 1973).

61  Policy Regarding  Character Qualifications  In Broadcast 
Licensing, 102 FCC 2d 1179 (1986),  on recon., 1 FCC Rcd 421 
(1986), appeal  dismissed sub nom. National  Association for 
Better Broadcasting  v. FCC,  No. 86-1179 (D.C.  Cir. 1987).  
See  also  Policy   Regarding  Character  Qualifications  in 
Broadcast Licensing, 5 FCC Rcd 3252 (1990), on recon., 6 FCC 
Rcd 3448 (1991), modified, 7 FCC Rcd 6564 (1992). 

62 47 U.S.C.  312.

63 47 C.F.R.  1.92(d) and 0.111(a)(16).