******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) NAL Acct. No. 815CF0001 Michael A. Gureckis ) Licensee of WETT(AM) ) Ocean City, Maryland ) FORFEITURE ORDER Adopted: September 30, 1998 Released: October 1, 1998 By the Director, Legal Services Group, Compliance and Information Bureau: I. Introduction 1. The Compliance and Information Bureau ("Bureau"), Federal Communications Commission ("FCC"), has before it a February 9, 1998 Notice of Apparent Liability ("NAL"), issued against AM Station WETT, Ocean City, Maryland for willful and repeated violations of Sections 73.62, 73.1745, and 73.3526(a) of the Commission's Rules, 47 C.F.R.  73.62, 73.1745, 73.3526(a), and WETT's March 11, 1998 letter responding thereto. For the reasons noted below, the Bureau is reducing the amount of the forfeiture to $1,500. II. Background 2. On March 13, 1997, FCC agents from the Bureau's Columbia, Maryland Field Office inspected WETT's transmitter, which is located in Ocean City, Maryland. The inspection revealed that the station was violating Sections 73.62 and 73.1745 of the Commission's Rules by not operating in accordance with its authorized daytime directional pattern and power limits, and further, that the day- time power levels continued beyond the sunset hours. The agents attempted to inspect the station, which is also located at the transmitter site, but no-one was present. 3. A March 17, 1997 inspection of the studio showed that there was no current special temporary authority ("STA") allowing operation at variance from the correct operating parameters, and further, that no public file had been kept for the previous year (1996), which is a violation of Section 73.3526(a) of the Commission's Rules. On April 21, 1997, an Official Notice of Violation ("NOV"), which detailed the violations of Sections 73.62, 73.1745 and 73.3526(a), was issued to WETT by the Bureau's Columbia Field Office. The Commission corresponded with the station licensee, and based on the licensee's response, the Columbia Field Office issued an NAL in the amount of $8,500 on February 9, 1998, for the referenced rule violations. WETT has submitted a letter in response to the NAL seeking cancellation or a reduction of the amount assessed. III. Discussion and Conclusion 4. In its response to the NAL, WETT argues that the amount of the NAL is excessive under the circumstances surrounding the violations. Specifically, WETT argues that because it had previously obtained an STA, which had since expired, that it should, therefore, only be liable for failing to timely renew its request for an STA. Moreover, it points out that an STA was applied for and issued prior to issuance of the NOV. WETT also asserts that contrary to the finding that the station had no public file for the year 1996, the only documents missing from its public file were "quarterly reports - program lists." With respect to the forfeiture amount, the station argues that it is excessive considering that the station is a "low-power, small market AM station struggling to survive". Station tax records for the years 1995 and 1996 show that the station operated with a cash-flow loss for both years. Additionally, the station projected a cash flow loss for 1997 because considerable sums had been expended for transmitter repairs. 5. We have reviewed the NAL, WETT's Response, and supporting documentation. We note that there are no disputes as to the facts relating to the violation of the requirements regarding the operating parameters. WETT admits that it was not operating within these parameters, but argues that its only failure was to obtain an extension of its STA, and that it had applied for one prior to the issuance of the NAL. A review of the record indicates that the STA had expired in December 1995. Even assuming arguendo that the Commission would have issued an STA to WETT for the asking, as the station implies, this excessive time between the expiration of the STA and its renewal, does not support mitigation of the amount on this basis. We are also not persuaded by the station's argument that there were public files available. At the time of the request to inspect the station files, no such documents were made available to the FCC agents. 6. In light of the factors set forth in Section 503(b)(2)(D) of the Act, 47 U.S.C.  503(b)(2)(D), we have also reviewed the documents submitted by the station in support of its argument that it is a small AM station and cannot afford to pay the $8,500 assessed. Further, two subsequent inspections of WETT's facilities demonstrate that the station has made considerable expenditures to come into compliance. We are persuaded that a forfeiture in the amount of $1,500 will be sufficient to deter further violations, and will ensure future compliance by WETT with Commission Rules. We are, therefore, reducing the amount of the forfeiture. IV. Ordering Clauses 7. IT IS ORDERED, pursuant to Section 503(b) of the Act, 47 U.S.C.  503(b), and Section 1.80(h) of the Commission's Rules, 47 C.F.R.  1.80(h), that WETT must FORFEIT the amount of one thousand five-hundred ($1,500) dollars within thirty (30) days of receipt of this Order. Payment may be made by check, money order, or credit card drawn on a U.S. financial institution, payable to the Federal Communications Commission. Please place NAL/Acct. No. 815CF0001 on the remittance and mail to: Federal Communications Commission Post Office Box 73482 Chicago, Illinois 60673-7482 Any responses or appeals of this Forfeiture Order pursuant to 47 C.F.R.  1.106 or 1.115 should be mailed to the Bureau or the Commission, at the following address: Legal Services Group Compliance Division Compliance and Information Bureau Mail Stop 1500-E3 AJC 1919 M Street, N.W. Washington, D.C. 20554 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return-receipt requested, to Michael A. Gureckis/WETT. FEDERAL COMMUNICATIONS COMMISSION Ricardo M. Durham Director, Legal Services Group Compliance Division Compliance and Information Bureau