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 Federal  Communications  Commission  DA  03-  3180 
 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.  200232280004 
 Erie,  Pennsylvania  )  )  FRN  0006-  1324-  19 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  10,  2003  Released:  October  15,  2003 
 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. 


 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). 
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 Federal  Communications  Commission  DA  03-  3180 
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 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. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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