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

In the Matter of                   )     File Number EB-02-AT-317
Piedmont Radio Co.                 )    NAL/Acct. No.200332480006
Licensee of AM Radio Station       )
WPID, Piedmont, Alabama, and       )             FRN 0007-7794-32
Owner of Unregistered Antenna      )
Structure At or Near Coordinates 
33 55' 45'' North Latitude by 
085 35' 42'' West Longitude, in 
Piedmont, Alabama.
Piedmont, Alabama

                                       Released: October 15, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Piedmont Radio Co., licensee of radio  station 
WPID, Piedmont,  Alabama, and  owner of  an unregistered  antenna 
structure  near  Piedmont,  Alabama,  apparently  liable  for   a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful and repeated violation of Sections 73.1125(a) and 17.4(a) 
of the Commission's  Rules (``Rules'').1   Specifically, we  find 
Piedmont Radio  Co.  apparently  liable  for  not  maintaining  a 
presence at  its main  studio during  normal business  hours  and 
failing to register its antenna structure.

                         II.  BACKGROUND

     2.   On June 26, 2002, at 1:45 P.M. local time, and again at 
3:50 P.M. local time, an agent of the Commission's Atlanta  Field 
Office (``Atlanta  Office'')  attempted an  inspection  of  radio 
station WPID's main  studio located  at the  transmitter site  in 
Piedmont, Alabama.  The main studio office doors were locked  and 
no lights were visible.   There were no  office hours denoted  on 
the doors and no  indication of why the  office was closed.   The 
agent called the listed telephone  numbers for WPID and  received 
no answer. 

     3.   On June  26,  2002,  the agent  inspected  the  antenna 
structure of WPID(AM) located at or near geographical coordinates 
33 55' 45'' North Latitude by  085 35' 42'' West Longitude,  in 
Piedmont, Alabama.2   The  structure was over  200 feet tall  and 
was painted  and lighted.  The agent  checked the  FCC's  Antenna 
Structure Registration records  and determined  that the  antenna 
structure was not registered with the FCC.

     4.   On July 16,  2002, at  9:40 A.M. and  10:55 A.M.  local 
time, the  agent again  telephoned the  station and  received  no 
answer.  On August  21, 2002, at  1:23 P.M. and  3:30 P.M.  local 
time, the  agent again  telephoned the  station and  received  no 

     5.   On August 26, 2002, the agent reached the owner of WPID 
by telephone who verified that  the antenna structure of WPID  is 
owned by the licensee, Piedmont Radio Co., and that the structure 
was not registered with the  Commission. The station license  for 
WPID requires that the antenna  structure be painted and  lighted 
since it is over 200 feet tall.  The owner also verified that the 
studio of WPID is not staffed during normal business hours. 

                      III.      DISCUSSION

     6.  Section 73.1125(a) 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   explicitly 
informed permittees and licensees  that compliance with the  main 
studio rules  required  maintenance  of a  meaningful  staff  and 
management presence,3 stating: 

          A station must  maintain a main  studio which  has 
     the capability  adequately  to meet  its  function,  as 
     discussed above, of serving the needs and interests  of 
     the residents of  the station's  community of  license.  
     To fulfill this function, a station must equip the main 
     studio with production and transmission facilities that 
     meet applicable standards, maintain continuous  program 
     transmission  capability,  and  maintain  a  meaningful 
     management  and   staff   presence.    Maintenance   of 
     production  and  transmission  capability  will   allow 
     broadcasters to continue, at  their option, and as  the 
     marketplace demands, to produce  local programs at  the 
     studio.  A  meaningful  management and  staff  presence 
     will help expose stations to community activities, help 
     them identify community needs and interests and thereby 
     meet their community service requirements.4

Subsequently, in  its  decision in  Jones  Eastern of  the  Outer 
Banks, Inc.,5 the Commission further  clarified the concept of  a 
meaningful  management  and   staff  presence.   The   Commission 
specified that, at a minimum,  a main studio must maintain  full-
time managerial and full-time  staff personnel.6  The  Commission 
also stated that licensees  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.7  With respect 
to management personnel,  the Commission  further clarified  that 
they need not be ``chained to  their desks'' but that they  would 
be required  to report  to work  at the  main studio  on a  daily 
basis, spend a substantial amount of time there, and use the main 
studio as their ``home base.''8  On June 26, 2002, Piedmont Radio 
Co. did not maintain  a presence at the  main studio of  WPID(AM) 
during normal  business hours.   The main  studio was  completely 
unattended on June  26, 2002,  at 1:45  P.M. and  3:50 P.M  local 
time.  On July  16 and August  21, 2002, there  was no answer  in 
response to repeated telephone calls made during normal  business 
hours to the listed telephone number for WPID(AM)'s main  studio.  
Piedmont admitted that the WPID(AM) main studio was not staffed.

     7.  Section 17.4(a) of  the Rules requires  the owner of  an 
antenna structure that  required notice to  the Federal  Aviation 
Administration (``FAA'') to register  the antenna structure  with 
the Commission.  Piedmont Radio Co.'s antenna structure  required 
FAA notification because  it exceeded 200  feet in height.9   Yet 
Piedmont Radio Co. failed to register the structure.

     8.  Based on the evidence before us, we find Piedmont  Radio 
Co. willfully10 and repeatedly11 violated Sections 73.1125(a) and 
17.4(a) of the  Rules by failing  to maintain a  presence at  the 
main studio of WPID(AM) during normal business hours and  failing 
to register its antenna structure.

     9. Pursuant to Section 1.80(b)(4)  of the Rules,12 the  base 
forfeiture amount for  violation of main  studio rules is  $7,000 
and failing to  register the antenna  structure (failure to  file 
required forms  or  information)  is $3,000.   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.13   Considering  the entire  record  and 
applying the factors listed above,  this case warrants a  $10,000 

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of the Act,14  and Sections 0.111, 0.311  and 1.80 of  the 
Rules,15 Piedmont Radio Co. is  hereby NOTIFIED of this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000)  for  willful  and   repeated  violation  of   Sections 
73.1125(a) and  17.4(a) of  the Rules  by failing  to maintain  a 
presence at the  main studio of  WPID(AM) during normal  business 
hours and failing to register its antenna structure.

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

     12.  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. 20554.16

     13.  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.  

     14.  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 

     15.  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.
     16.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Piedmont Radio Co., P.O. Box 227, Piedmont, Alabama 36272.   


                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau



1 47 C.F.R.  73.1125(a) and 17.4(a).

2 Piedmont Radio Co. is licensee of radio station WPID as well as 
owner of the antenna structure used by WPID.

3  Main Studio and Program Origination Rules, 3 FCC Rcd 5024 
(1988); 53 FR 32899 (August 29, 1988). 

4 Id. at 5026 (footnotes omitted).

5 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800 (1992).

6 Id., 6 FCC Rcd at 3616.

7 Id. at n. 2.

8 Id., 7 FCC Rcd at 6802.

9 See 47 C.F.R.  17.7(a).

10 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).

11 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).

12 47 C.F.R.  1.80(b)(4).

13 47 U.S.C.  503(b)(2)(D).

14 47 U.S.C.  503(b).

15 47 C.F.R.  0.111, 0.311, 1.80.

16 See 47 C.F.R.  1.1914.