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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                                    
     In the Matter of                         File No. EB-05-IH-2569        
                                       )                                    
     Birach Broadcasting Corporation          NAL Account No. 201032080020  
                                       )                                    
     Licensee of Station WMFN(AM)             FRN No. 0003766847            
                                       )                                    
     Zeeland, Michigan                        Facility ID No. 55089         
                                       ))))                                 


   NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: March 18, 2010 Released: March 18, 2010

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that Birach Broadcasting Corporation ("Birach"), licensee of
       Station WMFN(AM), Zeeland, Michigan (the "Station"), apparently
       willfully violated Section 310(d) of the Communications Act of 1934,
       as amended (the "Act"), by engaging in an unauthorized transfer of
       control of the Station that occurred in the context of a time
       brokerage agreement. We further find that Birach apparently violated
       Section 73.1125  of the Commission's rules by failing to staff the
       main studio of the Station with a managerial employee and staff level
       employee of its own while the Station was being operated by a time
       broker. We conclude, pursuant to Section 503(b) of the Act, that
       Birach is apparently liable for a forfeiture in the amount of $15,000.
       We also order Birach, within 60 days of this NAL, to update the
       Commission on its steps to remedy these apparent violations. We
       emphasize that Birach is subject to further enforcement action if it
       fails to come into compliance.

   II. BACKGROUND

    2. In April 2005, the Enforcement Bureau's Detroit Field Office inspected
       Birach station WMFN(AM) and found that no employees of Birach were
       present at the station's main studio. The personnel at Station
       WMFN(AM) informed the FCC inspector that the Station was being
       operated for Birach pursuant to a "handshake" time brokerage
       agreement.

    3. As a result of the concerns raised by the on-site inspection, the
       Enforcement Bureau directed a letter of inquiry (the "LOI") to Birach
       on March 5, 2007. The LOI requested information about the licensee's
       time brokerage agreements with other parties, and specifically
       requested any written time brokerage agreements into which the station
       had entered. In the response to the LOI (the "Response"), dated April
       4, 2007, Sima Birach, sole owner and general manager of Station
       WMFN(AM), states that he is ultimately responsible for the
       programming, employment, marketing, and finances of Station WMFN(AM),
       and that he has entered into agreements with time brokers to that end.
       According to the Response, Tyrone Bynum is the time broker for Station
       WMFN(AM). The Response does not include a copy of a written time
       brokerage agreements between Birach and Tyrone Bynum. Instead, Birach
       provides an invoice for the monies owed for use of the Station. The
       invoice, signed by the broker and Mr. Birach, provides terms for
       payment, cancellation, and states, "Customer is responsible for any
       legal problem caused to Station." It also indicates that liability
       insurance is required, as is proof each month that the tower lease has
       been paid. The invoice for Station WMFN(AM) is dated April 22, 2005,
       approximately two weeks after the inspection referenced above.

    4. In the Response, Birach states that time brokers were responsible for
       the operation of station WMFN(AM) and for providing programming for
       the station.  Moreover, the Response states that, while Birach did not
       have an employee present at the station, Birach has since (as of the
       date of the Bureau's LOI) hired a managerial level employee to work at
       Station WMFN(AM) and another Birach-owned station, WMJH(AM), half-time
       at each station. The Response states that, up until that date, Sima
       Birach was responsible for the operation of the Station. According to
       our licensing records, Birach's business address is located in
       Southfield, Michigan, approximately two hours away from Zeeland,
       Michigan (where Station WMFN(AM) is located). Birach's counsel asserts
       that, given the state of technology, it was possible to supervise the
       operation of the Station remotely.

   III. DISCUSSION

    5. Under Section 503(b)(1) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. Section 312(f)(1) of the Act defines willful as "the
       conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act, and the
       Commission has so interpreted the term in the Section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful.  "Repeated" means that the act was
       committed or omitted more than once, or lasts more than one day. In
       order to impose such a penalty, the Commission must issue a notice of
       apparent liability, the notice must be received, and the person
       against whom the notice has been issued must have an opportunity to
       show, in writing, why no such penalty should be imposed. The
       Commission will then issue a forfeiture if it finds, by a
       preponderance of the evidence, that the person has willfully or
       repeatedly violated the Act or a Commission rule. As described in
       greater detail below, we conclude under this procedure that Birach is
       apparently liable for a forfeiture in the amount of $15,000 for its
       apparent willful and repeated violation of Section 310(d) of the Act
       by transferring de facto control of Station WMFN(AM) to a time broker
       without prior Commission approval, and of Section 73.1125 of the
       Commission's rules by failing to maintain a meaningful presence at the
       Station's main studio.

   A. Unauthorized Transfer of Control

    6. Section 310(d) of the Act prohibits the transfer of control of a
       station license, and any rights thereunder, without prior Commission
       consent. There is no exact formula by which control of a broadcast
       station can be determined. In ascertaining whether a transfer or
       reversion of control has occurred, the Commission traditionally looks
       beyond the legal title to whether a new entity or individual has
       obtained the right to determine the basic operating policies of the
       station. Specifically, the Commission looks to three essential areas
       of station operation: programming, personnel, and finances.

    7. The Commission has consistently held that a licensee's participation
       in a time brokerage agreement ("TBA"), also known as a local marketing
       agreement ("LMA"), does not per se constitute an unauthorized transfer
       of control or a violation of the Act or any Commission rules or
       policies. As with any allegation of unauthorized transfer or reversion
       of control, without regard to whether a TBA exists, we look to whether
       a licensee continues to have ultimate control over the station,
       including its programming, personnel, and finances. Licensees are
       permitted under Section 310(d) of the Act to delegate day-to-day
       operations relating to those three areas, as long as they continue to
       set the policies guiding those operations. 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. The Commission
       has directed that,

   Licensees engaged in [TBAs] . . . must operate . . . as a stand-alone
   entity discrete from the [TBA operator]. Thus, we require that licensees
   must maintain their own bank accounts, pay the salaries of their own
   employees, and remain responsible for their own obligations to
   programmers, utility companies, and other operational matters. In other
   words, the licensee should be ready and able to operate independently from
   the [TBA operator] at any time it believes the arrangement does not
   fulfill its public interest responsibilities.

    8. The LOI specifically asked Birach questions relating to who controls
       the programming aired on Station WMFN(AM), who handles the finances,
       and who makes personnel decisions. In the Response, Birach admits
       that, prior to the LOI, the time broker provided the programming aired
       on the Station, paid the salaries and wages of the personnel who
       operated the Station, and handled the marketing and finances at the
       Station, except that Birach was responsible for the maintenance of the
       physical plant of the Station. Birach's Response also makes it clear
       that the time broker was solely responsible for ensuring compliance
       with various FCC requirements, such as the maintenance of the
       Station's public inspection files and performance of Emergency Alert
       System ("EAS") testing. In response to a question regarding whether
       the EAS tests were performed properly, Birach responded, "I have been
       assured that the EAS regulations have been fully complied with."  With
       respect to public inspection file compliance, Birach stated, ". . . I
       have been advised that the local public inspection files have been
       kept and made available to the public if requested." This reflects
       that Birach only has a second-hand understanding from the time broker
       as to whether the Station licensed to him was in full compliance with
       the Commission's rules. By his own admissions, we find that Birach
       effectively abdicated control of the Station.

    9. The purported TBA submitted by Birach with its LOI Response consists
       of an invoice for monies owed, and does not adequately reflect the
       respective responsibilities of each party. While the Commission allows
       licensees to broker time on stations, the agreements are required to
       be in writing and kept in the station's public inspection file. In
       addition, the agreements must include a certification that the
       licensee has ultimate authority over the operation of the station.
       Birach's failure to execute, and maintain in its public file, a
       written TBA undercuts any assertions that Birach has made to
       demonstrate that there was not a de facto transfer of control of the
       Station without Commission consent. The Commission requires that there
       not be ambiguity as to who ultimately controls the station; the
       licensee is required to maintain a written record explicitly
       delineating that it has retained ultimate control over station
       operations. Following receipt of the LOI, Birach attempted to exert
       licensee control of the station by hiring a managerial employee to
       oversee operations half-time at WMFN(AM) and half-time at WMJH(AM)
       which Birach contends is sufficient to address any concerns the
       Commission might have about the lack of any licensee presence at the
       station. We agree that this is a necessary step toward reasserting
       control over the stations, but as discussed below in Paragraph 11, it
       is a subsequent remedial measure that will not shield Birach from
       liability. Also, as discussed in Section III.B, infra, because Birach
       did not hire enough employees, this eleventh hour effort still fails
       to comport with the Commission's main studio staffing requirements.

   10. We conclude that the record in this case, which includes certain
       concessions from the licensee, demonstrates that an unauthorized
       transfer of control occurred. We find that Birach improperly abdicated
       control of the Station to the time broker by failing to retain an
       independent operating presence at the Station and by failing to
       exercise the required level of control over programming, personnel,
       and finances. The record in this case confirms that Birach failed to
       operate as a stand-alone entity with an operational presence ready to
       take over operations if necessary.

   11. Although it appears that Birach took steps to remedy the situation
       after receiving our LOI, we have consistently held that subsequent
       remedial measures do not shield a licensee from liability for
       violations of the Act or the Commission's rules. Furthermore, Birach
       must take additional steps, including hiring more employees to
       establish a meaningful presence at the Station, taking a more active
       role in the Station's operations, maintaining a written TBA at the
       Station so that it can be made readily available for public
       inspection, actively assuring that the Station continues to fulfill
       its public interest and programming obligations to the community it
       serves, and confirming, first-hand, continued compliance with the
       Commission's rules. If Birach fails to fully reassert control over the
       Station, we may impose further sanctions, including possible license
       revocation or non-renewal.

   B. Section 73.1125 - Main Studio Rule

   12. The Commission has interpreted Section 73.1125 (also known as the
       "Main Studio Rule") to require, among other things, that a licensee
       maintain a "meaningful management and staff presence" at its main
       studio. Specifically, the Commission has found that a main studio
       "must, at a minimum, maintain full-time managerial and full-time staff
       personnel." Prior to the LOI, Birach had no employees who worked at
       the Station. Following the LOI, Birach hired a single managerial
       employee to work at Station WMFN(AM) and another Birach-owned station,
       WMJH(AM), half-time at each station. Thus, Birach needs to hire three
       more employees to come into compliance with the rule. We find that
       Birach was in flagrant violation of the Main Studio Rule both prior to
       the LOI and following the LOI.

   13. In a letter submitted the day after Birach's Response, Birach's
       counsel asserts that the "meaningful presence" requirement is
       outdated, and that, given today's technology, Birach can meaningfully
       supervise both stations' activities from Southfield, Michigan. We
       disagree. As discussed above, while the Commission allows licensees to
       delegate day-to-day operations, the Commission requires that licensees
       retain a presence capable of taking over station operation if
       necessary. The remote supervision described in the Response is
       insufficient to meet Birach's obligations as a Commission licensee. It
       is also readily apparent from Birach's Response, that Birach had only
       secondhand knowledge of whether the Station was complying with the
       Commission's rules. In this regard, Birach can only relay assurances
       he has received from the time broker that the Station's EAS tests were
       performed regularly and that the Station's public inspection files
       were properly maintained and provided to the public upon request.

    C. Forfeiture Amount

   14. Pursuant to the Forfeiture Policy Statement and Section 1.80 of the
       Commission's Rules, the base forfeiture amount for an unauthorized
       transfer of control is $8,000. The Commission's rules provide that
       base forfeitures may be adjusted based upon consideration of the
       factors enumerated in Section 503(b)(2)(E) of the Act and Section
       1.80(a)(4) of the Commission's rules, which include "the nature,
       circumstances, extent, and gravity of the violation . . . and the
       degree of culpability, any history of prior offenses, ability to pay,
       and such other matters as justice may require."  Here, considering the
       circumstances of this case, we find that there was an unauthorized
       transfer of control at Station WMFN(AM) and that the base forfeiture
       is an appropriate penalty for the violation in this case. Therefore,
       we find that Birach is apparently liable in the amount of $8,000 for
       violating Section 310(d) of the Act.

   15. In addition to the unauthorized transfer of control, as discussed
       above, we find that Birach also violated Section 73.1125 of the
       Commission's rules (the main studio rule) by failing to staff the main
       studio of the Station with a managerial employee and staff level
       employee of its own while the Station was being operated by time
       brokers. Pursuant to the Forfeiture Policy Statement and Section 1.80
       of the Commission's Rules, the base forfeiture amount for violations
       of the main studio rule is $7,000. Having considered the factors
       described above, we find that the base forfeiture is an appropriate
       penalty for the violation in this case, and therefore, we find that
       Birach is apparently liable for a forfeiture in the amount of $7,000
       for a violation of Section 73.1125 of the Commission's rules.

   IV. ORDERING CLAUSES

   16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314, and 1.80 of the Commission's Rules, Birach Broadcasting
       Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of fifteen thousand dollars ($15,000) for
       violations of Section 310(d) of the Act and Section 73.1125 of the
       Commission's Rules.

   17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, that within thirty (30) days of the release date
       of this Notice, Birach Broadcasting Corporation SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   18. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Birach will also send electronic
       notification on the date said payment is made to
       Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Anjali.Singh @fcc.gov
       and William.Knowles-Kellett@fcc.gov.

   19. The response, if any, shall be mailed to Hillary S. DeNigro, Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, S.W, Room 4-C330,
       Washington D.C. 20554, and SHALL INCLUDE the NAL/Acct. No. referenced
       above. The licensee shall also, to the extent practicable, transmit a
       copy of the response via email to Hillary.DeNigro@fcc.gov,
       Ben.Bartolome@fcc.gov, Anjali.Singh @fcc.gov and
       William.Knowles-Kellett@fcc.gov.

   20. The Commission shall not consider reducing or canceling a forfeiture
       in response to a claim of inability to pay unless the respondent
       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 respondent'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.

   21. IT IS FURTHER ORDERED that within sixty days of the release of this
       NAL that Birach Broadcasting Corporation SHALL FILE a written
       statement concerning the steps that it has taken to reassert control
       over Station WMFN(AM) Zeeland, Michigan, and to comply with the FCC
       staffing requirements for Station WMFN(AM)'s main studio. Such
       statement must be submitted in the form of an affidavit or declaration
       in accordance with Section 1.16 of the Commission's rules, must be
       mailed to the Office of the Secretary, Federal Communications
       Commission, 445 12th Street, S.W., Washington, D.C. 20554, to the
       attention of: Hillary S. DeNigro, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Room 4-C330, and must include the File
       number and NAL/Acct. No. referenced above. Birach Broadcasting
       Corporation shall also transmit a copy of the statement via email to
       Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Anjali.Singh @fcc.gov
       and William.Knowles-Kellett@fcc.gov.

   22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Birach Broadcasting Corporation at its
       address of record; and to Lauren A. Colby, Esq., 10 East 4th Street,
       Frederick, MD 21705-0113.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   A "time brokerage agreement," also referred to as a "local marketing
   agreement," refers to an agreement for the sale by a licensee of a
   discrete block of time to a third-party, a "broker," that supplies
   programming to fill the time and sells commercial announcements in it. See
   47 C.F.R. S: 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion
   and Order, 10 FCC Rcd 8140, 8141 P: 10 (1995), vacated in part on other
   grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998).

   See 47 C.F.R. S: 73.1125.

   See 47 U.S.C. S: 503(b).

   See FCC Broadcast Inspection Summary Report Station WMFN(AM), dated April
   11, 2005, at 1. The following day, FCC field agents inspected another
   Birach station located in a nearby community and found that the station
   was also being operated by different time brokers. FCC Broadcast
   Inspection Summary Report Station WMJH(AM), dated April 12, 2005, at 2.
   The Enforcement Bureau investigated apparent violations at the two
   stations jointly.

   See id.

   See Letter from Jennifer Lewis, Assistant Chief, Investigations and
   Hearings Division, Enforcement Bureau, Federal Communications Commission
   ("FCC"), to Birach Broadcasting Corporation, dated March 6, 2007 (the
   "LOI").

   See id.

   See Letter from Lauren A. Colby, Esq., counsel for Birach Broadcasting
   Corporation, to Marlene H. Dortch, Secretary, FCC, dated April 4, 2007, at
   3-4 (transmitting Answers to Inquiries prepared by Sima Birach, President
   and Sole shareholder of Birach Broadcasting Corporation).

   See id.

   See id. at  attachment to Answers to Inquiries.

   Id.

   See id.

   See id.

   See id. at 3-4.

   See id.

   See id. at 3.

   See Letter from Lauren A. Colby, Esq., counsel for Birach Broadcasting
   Corporation, to Marlene H. Dortch, Secretary, FCC, dated April 5, 2007, at
   1.

   See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 312(f)(1).

   See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991).

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002) (forfeiture paid).

   Section 310(d) of the Act, 47 U.S.C. S: 310(d), 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 or
   involuntarily, directly or indirectly, or by transfer of control of any
   corporation holding such permit or license, to any person except upon
   application to the Commission and upon finding by the Commission that the
   public interest, convenience, and necessity will be served thereby.

   See WHDH, Inc., Memorandum Opinion and Order, 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).

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

   See, e.g., WGPR, Inc., 10 FCC Rcd at 8141 P: 10; Roy R. Russo, Esquire,
   Letter decision, 5 FCC Rcd 7586 (MMB 1990); Joseph A. Belisle, Esquire,
   Letter decision, 5 FCC Rcd 7585 (MMB 1990).

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

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

   Id. at 8145.

   See LOI at 4-5.

   See Response at 3-4.

   See id.

   See id. at 4.

   See id.

   See Review of the Commission's Regulations Governing Attribution of
   Broadcast and Cable/MDS Interest, 14 FCC Rcd 12559, 12601 (1999)
   (reviewing the requirements relating to time brokerage agreements and
   amending Section 73.3613(d) relating to the filing of agreements with the
   Commission).

   See id. at 12636-38 (amending  Section 73.3555 to include Note 2(j), which
   explains that time brokerage agreements "shall be undertaken only pursuant
   to a signed written agreement that shall contain a certification by the
   licensee or permittee of the brokered station verifying that it maintains
   ultimate control over the station's facilities, including specifically
   control over station finances, personnel and programming . . ."); 47
   C.F.R. S: 73.3555.

   See Response at 3.

   See, e.g., AT&T Wireless Services, Inc.,  Forfeiture Order, 17 FCC Rcd
   21866, 21870-871 (2002) (finding that remedial actions to correct the
   violation at issue were not a mitigating factor when assessing the
   forfeiture amount); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd
   6099, 6099 (1994) (finding that a downward adjustment of a forfeiture was
   not warranted where a public coast station operator discontinued
   unauthorized operations after the NAL was issued).

   See Radio Moultrie, Inc., Order of Revocation, 18 FCC Rcd 22950, 22957
   (Enf. Bur. 2003) (revoking license for violating Section 310(d) by
   engaging in an unauthorized transfer of control and failure to comply with
   Commission directives).

   Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 F.C.C.R. 5024, 5026
   (1988), erratum issued, 3 FCC Rcd 5717 (1988) (correcting language in
   n.29).

   See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order,
   6 FCC Rcd 3615, 3616 (1991)  ("Jones Eastern")  (noting that, "This is not
   to say that the same staff person and manager must be assigned full-time
   to the main studio. Rather, there must be management and staff presence on
   a full-time basis during normal business hours to be considered
   `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992)  ("Jones Eastern II").

   See Turro, Decision, 15 FCC Rcd 14649, 14668 (2000) (finding that
   meaningful presence of the licensee at the station is necessary to
   identify community needs and meet public interest obligations); see also
   Salem Broadcasting, Letter, 6 FCC Rcd 4172 (Media Bur. 1991) (notice of
   apparent liability proposing a forfeiture for an apparent violation of
   Section 310(d) and the Main Studio rule).

   See Letter from Lauren A. Colby, Esq., counsel for Birach Broadcasting
   Corporation, to Marlene H. Dortch, Secretary, FCC dated April 5, 2007, at
   1.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087, 17115 (1997), recons. denied, 15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement"); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.80(a)(4).

   See Edwards, Memorandum Opinion and Order and Notice of Apparent
   Liability, 16 FCC Rcd 22236, 22251 (2001) reh'g denied sub. nom. Rainbow
   Push Coalition v. FCC, 330 F.3d 339 (2003) (assessing a $40,000 forfeiture
   for violating Section 310(d) with respect to five stations over more than
   one day); see also Danville Television Partnership, Memorandum Opinion and
   Order, 16 FCC Rcd 9314 (Media Bur. 2001) (assessing a $10,000 forfeiture
   for engaging in an unauthorized transfer of control).

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087, 17115 (1997), recons. denied 15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement"); 47 C.F.R. S:1.80 (2005).

   See WJZD, Inc., Golden Gulf Coast Broadcasting, Inc., Capstar TX Ltd.
   Partnership and Mr. Douglas A. Hutcheson, Letter decision, 20  FCC Rcd
   9941, 9947-48 (Media Bur. 2005), recons. denied, Mr. Lawrence E. Steelman,
   Capstar TX Ltd. Partnership, Mr. Stanley Daniels, Letter decision, 22 FCC
   Rcd 4866 (Media Bur. 2007).

   See 47 U.S.C. S:S: 310(d), 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314,
   1.80, 73.1125.

   See 47 C.F.R. S: 1.16.

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   Federal Communications Commission DA 10-455

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   Federal Communications Commission DA 10-455