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

In the Matter of                )
                                )       File No. EB-02-BF-135
Nextmedia Operating, Inc.       )    
Owner of Antenna Structure # 1027118 )       NAL/Acct.        No. 
Erie, Pennsylvania              )
                               )        FRN 0006-1324-19


     Adopted:  October 10, 2003         Released:   October   15, 

By the Chief, Enforcement Bureau:
     1.   In this Memorandum Opinion  and Order  (``Order''),  we 
cancel a  fifteen thousand  dollar ($15,000)  Notice of  Apparent 
Liability  for   Forfeiture   (``NAL'')1  issued   to   Nextmedia 
Operating, Inc. (``Nextmedia''), licensee of AM broadcast Station 
WJET and  owner  of antenna  structure  number 1027118  in  Erie, 
Pennsylvania, for  willful  violation  of  Sections  17.47(a)(1), 
17.48(a), and 17.51(a)  of the  Commission's Rules  (``Rules'').2  
The alleged  violations involve  Nextmedia's failure  to make  an 
observation of the antenna structure's lights at least once  each 
24 hours, failure to  notify the Federal Aviation  Administration 
(``FAA'')  that   the   obstruction   lighting   was   improperly 
functioning, and  failure to  exhibit obstruction  lighting  from 
sunset to sunrise.  Based on  our review of Nextmedia's  response 
to the NAL, we conclude that Nextmedia did not willfully  violate 
either Section 17.47(a)(1) or  17.48(a).  We also conclude  that, 
based on Nextmedia's good faith efforts to comply and its history 
of overall compliance,  no forfeiture should  be imposed for  its 
violation of Section 17.51(a).

     2.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of  the  Communications  Act of  1934,  as  amended,3  and 
Section 1.80(f)(4) of  the Rules,4  the NAL  issued to  Nextmedia 
Operating, Inc. on August 28, 2002 IS CANCELLED.

     3.   IT IS FURTHER ORDERED that  copies of this Order  shall 
be sent by Certified Mail  Return Receipt Requested and by  First 
Class Mail  to Nextmedia  Operating,  Inc., 6312  Fiddlers  Green 
Circle, Englewood, Colorado 80111.  


                         David H. Solomon
Chief, Enforcement Bureau

  1  Nextmedia Operating, Inc., NAL Acct. No. 200232280004  (Enf. 
Bur., Buffalo Office, rel. August 28, 2002).

  2  47 C.F.R.  17.47(a)(1), 17.48(a), 17.51(a).

  3  47 U.S.C.  504(b).   

  4  47 C.F.R.  1.80(f)(4).