******************************************************** 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 ) Liability of ) ) Fleet Broadcasting, Inc. ) Licensee of Station WFNL(FM) ) Sturgeon Bay, Wisconsin ) ) and ) ) Zephyr Broadcasting, Inc. ) Licensee of Station WZNL(FM) ) Norway, Michigan ) ) For Forfeitures ) MEMORANDUM OPINION AND ORDER Adopted: August 25, 1999 Released: August 25, 1999 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to authority delegated by 47 C.F.R.  0.283, has under consideration (i) a Memorandum Opinion and Order and Forfeiture Order in Fleet Broadcasting, Inc., 13 FCC Rcd 15372 (MMB 1998) ("FO"), and (ii) a joint petition for reconsideration of that decision filed by Fleet Broadcasting, Inc., and Zephyr Broadcasting, Inc. ("the licensees"). The Bureau issued a $4,000 Notice of Apparent Liability ("NAL") to each licensee for violations of the Commission's rules requiring a licensee to charge candidates no more than the lowest unit charge ("LUC") of the station and to maintain a political file, in Fleet Broadcasting Inc., 9 FCC Rcd 6824 (MMB 1994) and Zephyr Broadcasting Inc., 9 FCC Rcd 6822 (MMB 1994). In FO, the Bureau reduced the forfeiture amount to $3,000 for each licensee for the political file and LUC violations. 2. Reconsideration is appropriate only where the petitioner shows either a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom., Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966) ("WWIZ"); 47 C.F.R.  1.106(c). Applying this standard, we conclude that reconsideration is not warranted. 3. In seeking reconsideration, the licensees do not dispute any factual finding concerning Stations WFNL(FM) and WZNL(FM). Rather, the licensees argue that no forfeiture should have been imposed and request the Bureau to reconsider the arguments they made in response to the NALs. Finally, the licensees argue that the instant case is distinguishable from Bay Communications, Inc, 12 FCC Rcd 5989 (1997) ("Bay Communications"), which was cited in the FO. 4. While we acknowledge that the facts of Bay Communications differ from those of the instant case, this does not undermine the validity of assessing a comparable forfeiture. The FO did not rely on Bay Communications to establish the severity of the instant misconduct. Rather, the FO cites Bay Communications for the proposition that precedent exists for assessing $2,000 forfeitures for political file violations. Moreover, we fully considered the licensees' arguments in reaching our decision in the FO. As we have repeatedly stated, reconsideration will not be granted for the purpose of debating matters on which we have already deliberated and spoken. See e.g., Isis Broadcast Group, 8 FCC Rcd 24 (Rev. Bd. 1992), citing WWIZ. 5. Accordingly, IT IS ORDERED that the joint petition for reconsideration filed by Fleet Broadcasting, Inc. and Zephyr Broadcasting, Inc. concerning Stations WFNL(FM) and WZNL(FM) IS DENIED. 6. The Mass Media Bureau will send by Certified Mail -- Return Receipt Requested, copies of this Memorandum Opinion and Order to Fleet Broadcasting, Inc. and to Zephyr Broadcasting, Inc. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau