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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                    File No: EB-10-DT-0054     
                                   )                                
     Taylor Broadcasting Company       NAL/Acct. No.: 201232360003  
                                   )                                
     Licensee of AM Station WJTB          Facility ID #: 64644      
                                   )                                
     Elyria, Ohio                      FRN: 0011431749              
                                   )                                
                                                                    
                                   )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: February 13, 2012 Released: February 13, 2012

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Taylor Broadcasting Company (Taylor Broadcasting),
       licensee of AM Station WJTB in Elyria, Ohio (Station), apparently
       willfully and repeatedly violated Section 73.1125(a) of the
       Commission's rules (Rules)  by failing to maintain a management and
       staff presence at their main studio. We conclude that Taylor
       Broadcasting is apparently liable for a forfeiture in the amount of
       ten thousand dollars ($10,000). We also direct Taylor Broadcasting to
       submit within thirty (30) calendar days a statement under penalty of
       perjury certifying that it is now operating its main studio in
       compliance with the Rules.

   II. BACKGROUND

    2. On March 30, 2010, at 2:20 p.m., agents from the Enforcement Bureau's
       Detroit Office (Detroit Office) attempted to conduct an inspection of
       the Station's main studio located at 105 Lake Avenue in Elyria, Ohio.
       When the agents arrived at the main studio, they found the door to the
       main studio locked and, through the front window, observed that the
       studio appeared to be empty. The agents knocked on the door several
       times, but no one answered. While agents were knocking on the door to
       the studio, a car pulled into the parking lot and a woman got out and
       approached the agents. The agents identified themselves as FCC agents
       and the woman identified herself as "Ms. Taylor." The agents explained
       to Ms. Taylor that they were there to inspect the station. Ms. Taylor
       stated that the agents would need to speak to "Mr. Taylor" if they
       wanted to inspect the station and provided the agents two telephone
       numbers for Mr. Taylor. The agents returned to their vehicle and
       attempted to call Mr. Taylor on the numbers provided by Ms. Taylor.
       The agents were unable to reach Mr. Taylor and left the main studio
       without obtaining access to conduct an inspection.

    3. On May 24, 2010, the Detroit Office issued a Letter of Inquiry to
       Taylor Broadcasting Company concerning staffing at the Station's main
       studio. Taylor Broadcasting submitted a response to the LOI on June
       21, 2010. In the LOI Response, Taylor Broadcasting reported that
       station personnel do not have specific days and times that they work,
       but rather are "scheduled as needed." Taylor Broadcasting claimed that
       the agents were not able to gain access to the main studio because
       they did not push the entry buzzer.

    4. On August 19, 2010, at 11:18 a.m., the agents again attempted to
       conduct an inspection of the Station's main studio at 105 Lake Avenue
       in Elyria, Ohio. The agents found that the front door to the main
       studio was locked and there was no entry buzzer on the outside of the
       locked door, contrary to Taylor Broadcasting's representation in the
       LOI Response. Agents knocked on the door several times, but no one
       answered. The agents left the main studio without being able to
       conduct an inspection.

   III. DISCUSSION

    5. Section 503(b) of the Communications Act of 1934, as amended ("Act")
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable 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 Section
       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. 
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day. 

     A. Main Studio Staffing Violation

    6. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio. 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." Although management personnel need not be
       "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and...use the studio as a `home
       base." 

    7. On March 30, 2010, and August 19, 2010, when agents attempted to
       conduct an inspection at the Station's main studio during regular
       business hours, the agents found that the building was locked and
       there were no station personnel present. Taylor Broadcasting's claim
       that station personnel are "scheduled as needed" has not resulted in
       "meaningful management and staff presence" at the Station's main
       studio, as evidenced by the fact that the agents found the main studio
       locked and empty on two occasions. Accordingly, based on the evidence
       before us, we find that Taylor Broadcasting apparently willfully and
       repeatedly violated Section 73.1125(a) of the Rules by failing to
       maintain a full-time management and staff presence at the Station's
       main studio during regular business hours.

     A. Proposed Forfeiture and Reporting Requirement

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount is $7,000 for violation
       of the main studio rule. In assessing the monetary forfeiture amount,
       we must also take into account the statutory factors set forth in
       Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, and with respect
       to the violator, the degree of culpability, and history of prior
       offenses, ability to pay, and other such matters as justice may
       require. Applying the Forfeiture Policy Statement, Section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       an upward adjustment is warranted because Taylor's continued failure
       to comply with the Commission's main studio requirements even after
       being advised of the rules in the LOI demonstrates a deliberate
       disregard for the Rules. We therefore conclude that Taylor
       Broadcasting is apparently liable for a total forfeiture in the amount
       of $10,000.

    9. We also direct Taylor Broadcasting to submit a statement signed under
       penalty of perjury by an officer or director of Taylor Broadcasting
       that the Station's main studio is staffed full-time by full-time
       managerial and staff personnel (listing the names of the staff and
       manager and the hours and days worked).

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204(b),
       0.311, 0.314 and 1.80 of the Commission's Rules, Taylor Broadcasting
       Co. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of  ten  thousand dollars ($10,000) for violations of
       Section 73.1125(a) of the Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Taylor Broadcasting Company SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   12. IT IS FURTHER ORDERED that Taylor Broadcasting Company SHALL SUBMIT a
       sworn statement, as described in paragraph 9, within thirty (30) days
       of the release date of this Notice of Apparent Liability for
       Forfeiture and Order. The statement  must be mailed to Federal
       Communications Commission, Enforcement Bureau, Detroit Office, 24897
       Hathaway Street, Farmington Hills, Michigan 48335-1552.

   13. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.  If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, Taylor Broadcasting will send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   14. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Northeast Region, Detroit Office, 24897 Hathaway Street,
       Farmington Hills, Michigan 48335-1552 and must include the NAL/Acct.
       No. referenced in the caption. Taylor Broadcasting also shall email
       the written response to NER-Response@fcc.gov.

   15. 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 submitted.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to Taylor Broadcasting Company at
       105 Lake Avenue, Elyria, Ohio 44035-5013.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1125, 73.1225(a).

   Letter of Inquiry from James A. Bridgewater, District Director, Detroit
   Office, Northeast Region, Enforcement Bureau, to James E. Taylor, Taylor
   Broadcasting, dated May 24, 2010 (LOI).

   Letter from James E. Taylor, Chief Executive Officer, Taylor Broadcasting
   Company, to James A. Bridgewater, District Director, Detroit Office,
   Northeast Region, Enforcement Bureau, dated June 21, 2010 (LOI Response)
   at 1.

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

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

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

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

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

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.1125(a).

   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 FCC Rcd 5024, 5026
   (1988) ("Main Studio and Program Origination Rules"), 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 & n.2 (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 also Birach Broadcasting Corporation, Notice of Apparent
   Liability for Forfeiture, 25 FCC Rcd 2635 (Enf. Bur. 2010).

   Jones Eastern II, 7 FCC Rcd at 6802.

   We also note that, although Ms. Taylor arrived at the Station during the
   first attempted inspection on March 30, 2010, we are not sure if she is a
   station employee. Even assuming she is an employee, a single employee does
   not constitute a "meaningful management and staff presence."

   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 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314, 1.80,
   73.1125(a).

   See 47 C.F.R. S:1.1914.

   Federal Communications Commission DA 12-197

                                       2

   Federal Communications Commission DA 12-197