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

In the Matter of                   )     File Number EB-02-AT-318
Coffee County Broadcasting, Inc.   )    NAL/Acct. No.200232480027
Licensee of WMSR, Manchester,      )
Tennessee                          )             FRN 0003-7625-64
McMinnville, Tennessee             )


                                     Released: September 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Coffee County Broadcasting, Inc., licensee  of 
radio station WMSR, Manchester, Tennessee, apparently liable  for 
a forfeiture in the amount of seven thousand dollars ($7,000) for 
willful violation of Section 73.1125(a) of the Commission's Rules 
(``Rules'').1  Specifically, we find Coffee County  Broadcasting, 
Inc. apparently liable for not maintaining a presence at its main 
studio during normal business hours.

                         II.  BACKGROUND

     2.   On July 11, 2002, at  10:45 A.M. local time, and  again 
at 1:50 P.M.  local time,  an agent of  the Commission's  Atlanta 
Field Office  (``Atlanta  Office'') attempted  an  inspection  of 
radio station WMSR's main studio located at the transmitter  site 
in Manchester,  Tennessee.  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  WMSR 
and received no answer. 

     3.   On July  15,  2002,  at 11:30  A.M.,  the  agent  again 
telephoned the  station and  received an  answering service  that 
confirmed that the answering service answers the WMSR  telephones 
when no one is at the studio.

     4.   On July 18,  2002, the agent  contacted WMSR's  general 
manager by  telephone  who confirmed  that  the studio  had  been 
unstaffed.   The  general  manager  was  unaware  of  the  studio 
staffing requirements during normal business hours.

                        III.  DISCUSSION

     5.  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,2 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.3

Subsequently, in  its  decision in  Jones  Eastern of  the  Outer 
Banks, Inc.,4 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.5  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.6  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.''7  On July 11, 2002, Coffee  County 
Broadcasting, Inc. did not maintain a presence at the main studio 
of WMSR(AM) during  normal business hours.   The main studio  was 
completely unattended on July  11, 2002, at  both 10:45 A.M.  and 
1:50 P.M local time.  The  station's general manager stated  that 
the main studio was not staffed during normal business hours.

     6.    Based on the evidence before us, we find Coffee County 
       Broadcasting, Inc. willfully8 violated 
Section 73.1125(a) of the Rules by failing to maintain a presence 
at the main studio of WMSR(AM) during normal business hours.

     7.  Pursuant to Section 1.80(b)(4)  of the Rules,9 the  base 
forfeiture amount for violation of  main studio rules 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.10  
Considering the  entire record  and applying  the factors  listed 
above, this case warrants a $7,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.  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 Coffee County Broadcasting,  Inc. is hereby NOTIFIED  of 
this APPARENT LIABILITY FOR A  FORFEITURE in the amount of  seven 
thousand  dollars  ($7,000)  for  willful  violation  of  Section 
73.1125(a) of the Rules by failing to maintain a presence at  the 
main studio of  WMSR(AM) during normal business hours.

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

     10.  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

     11.  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.

     12.  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 

     13.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Coffee County Broadcasting, Inc., P. O. Box 759,  McMinnville, 
Tennessee 37110.   


                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

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

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

3 Id. at 5026 (footnotes omitted).

4 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800 (1992).

5 Id., 6 FCC Rcd at 3616.

6 Id. at n. 2.

7 Id., 7 FCC Rcd at 6802.

8 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).

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.