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

In the Matter of                 )
                                )            File Number: EB-02-
Nextmedia Operating Inc.         )            BF-135
Radio Station WJET (AM)          )
Erie, PA                         )            NAL/Acct.No.  
                                )            200232280004
                                )
                                             FRN: 0006-1324-19



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  August 28, 
                              2002


By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Nextmedia Operating Inc., (``Nextmedia''), licensee  of 
AM broadcast station WJET, Erie, Pennsylvania apparently violated 
Sections 17.47(a)(1), 17.48(a) and 17.51(a)1 of the  Commission's 
Rules (``Rules'')  by  failing  to make  an  observation  of  the 
antenna structure's lights at least  once each 24 hours,  failing 
to notify the Federal Aviation Administration (``FAA'') that  the 
obstruction lighting was improperly  functioning, and failing  to 
exhibit lighting  from  sunset  to  sunrise.   We  conclude  that 
Nextmedia. is apparently liable for a forfeiture in the amount of 
fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   On   May   30,   2002,   the   Federal   Communications 
Commission's  (``FCC'')  Enforcement   Bureau's  Buffalo   Office 
received information that the top beacon on the antenna tower for 
radio station WJET in Erie, Pennsylvania was not lit.  On May 30, 
2002 agent Viglione  of the Buffalo  Office attempted to  contact 
station personnel.  He left a voice mail message for the  station 
manager, but received no return call  that day.  On May 31,  2002 
the agent  again  telephoned  the station  and  spoke  with  Rick 
Rambaldo, the  station manager.   The agent  requested the  tower 
lighting be  inspected.   Mr.  Rambaldo was  also  instructed  to 
notify the FAA if  the inspection determined  the top beacon  was 
not functioning.  Mr. Rambaldo later that day informed the  agent 
that the inspection had  been completed and  that the top  beacon 
was found to be not functioning.  Mr. Rambaldo also informed  him 
that the FAA had been notified.  

     3.   On  June  3,   2002,  agent   Viglione  continued   the 
investigation on-site, and spoke to Mr. Mark Himler, WJET's chief 
engineer.  Mr. Himler  informed him that  the automatic  lighting 
indicator was not functioning, and that the tower lights would be 
checked manually each  day until  the device  was repaired.   The 
agent also observed  that the top  beacon was in  the process  of 
being repaired.

     4.   On June 5, 2002, the Buffalo Office issued a Notice  of 
Violation to Nextmedia  citing these deficiencies.   On June  18, 
2002,  Nextmedia  submitted  a  written  reply  stating  that  an 
inspection of the tower lights conducted on May 31, 2002 revealed 
they were non-operating and  the outage was immediately  reported 
to the FAA.  Further inspection by station personnel revealed the 
tower lighting  monitoring device  had been  damaged.   Nextmedia 
stated the tower lights and the tower lighting monitoring  device 
had since been repaired.

                        III.  DISCUSSION
 

     5.   Section 17.47(a)(1)  of  the Rules  requires  that  the 
owner of  any  antenna structure  which  is registered  with  the 
Commission and has  been assigned  lighting specifications  shall 
make an observation  of the antenna  structure's lights at  least 
once each 24 hours either  visually or by observing an  automatic 
properly maintained indicator designed to register any failure of 
such lights.  The tower lighting monitoring device used by  radio 
station WJET was not properly maintained in that it indicated the 
lights were on when in fact the lights were not functioning.  

     6.   Section 17.48(a)  requires  the  owner  of  an  antenna 
structure which  has  been assigned  lighting  specifications  to 
report immediately to the nearest  Flight Service Station of  the 
FAA any extinguishment  of any  top steady burning  light or  any 
flashing obstruction  light, regardless  of its  position on  the 
antenna structure, that is not corrected within 30 minutes.  From 
at least May 30, 2002 to May 31, 2002, Nextmedia had not reported 
the outage to the FAA.  

     7.   Section  17.51(a)  of  the   Rules  requires  all   red 
obstruction lighting shall be  exhibited from sunset to  sunrise.  
Nextmedia failed to  exhibit the red  obstruction lighting on  at 
least May 30, 2002. 

     8.   Based on the evidence  before us, we  find that on  May 
30, 2002,  Nextmedia  willfully2  violated  Section  17.47(a)(1), 
17.48(a) and  17.51(a)  of  the  Rules  by  failing  to  make  an 
observation of the antenna structure's lights at least once  each 
24 hours either  visually or by  observing an automatic  properly 
maintained indicator designed to register failure of such lights, 
failing to notify the nearest  Flight Service Station of the  FAA 
of the extinguishment of  the top steady  burning light that  was 
not corrected within 30  minutes and failing  to exhibit all  red 
obstruction lighting from  sunset to  sunrise.  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')3, sets the base forfeiture amount for failure 
to make an observation of the antenna structure's lights at least 
once each 24 hours at $2000, failure to notify the nearest Flight 
Service Station  of the  FAA  of the  extinguishment of  the  top 
steady burning light that was not corrected within 30 minutes  at 
$3000, and failure to exhibit  all red obstruction lighting  from 
sunset  to  sunrise  at  $10,000.   In  assessing  the   monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of 1934,  as amended, (``Act''),4  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.  The record reveals that Nextmedia does have 
an  overall  history  of   compliance,  but  the  violation   was 
egregious.  Applying  the  Forfeiture Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we believe that a fifteen thousand dollar  ($15,000) 
monetary forfeiture is warranted


                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Nextmedia is  hereby NOTIFIED of  its APPARENT  LIABILITY 
FOR A  FORFEITURE  in  the amount  of  fifteen  thousand  dollars 
($15,000)  for  violating  Sections  17.47(a)(1),  17.48(a)   and 
17.51(a) of the Rules.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Nextmedia SHALL PAY the full amount of the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     11.  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. 200232280004, and FRN 0006-1324-19.

     12.  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. 200232280004.

     13.  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.  

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.7 

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Nextmedia Operating Inc., 6312 South Fiddlers  Green 
Circle, Englewood, CO, 80111.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              David A. Viglione
                              Resident Agent
                              Buffalo Office
_________________________

1 47 C.F.R.  17.47(a)(1), 17.48(a), and 17.51(a)
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
``willful'', when used with reference to commission or omission 
of any act, means that 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 Red 4387 (1991)

347 C.F.R.  1.80.

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.