**DA 06-1477**

In Reply Refer to*:*

1800B3-JP

Released: July 20, 2006

Mr. Todd Mohr

Synergy Media, Inc.

PO Box 941

Pentwater, MI 49449-0941

Mr. Thomas Olejniczak

6780 Northland Drive

Rockford, MI 49341

In re: Synergy Media, Inc.

WWKR(FM), Pentwater, Michigan

Facility ID: 7994

File No. BRH-20040504ABM

Dear Mr. Mohr and Mr. Olejniczak:

We have before us (1) a license renewal application for Station
WWKR(FM), Pentwater, Michigan, filed by Synergy Media, Inc.
("Synergy");[^1] (2) an Informal Objection ("Objection") filed on
September 1, 2004, by Thomas Olejniczak ("Olejniczak"); (3) Synergy's
Opposition to Informal Objection ("Opposition"), filed on September 29,
2004; and (4) Olejniczak's Rebuttal to Synergy's Opposition, filed on
October 14, 2004. For the reasons set forth below we deny the Informal
Objection and grant the license renewal application for Station
WWKR(FM).

*Discussion*. In evaluating an application for license renewal, the
Commission's decision is governed by Section 309(k) of the
Communications Act of 1934, as amended (the "Act").[^2] That section
provides that if, upon consideration of the application and pleadings,
we find, with respect to that station, that (1) the station has served
the public interest, convenience, and necessity; (2) there have been no
serious violations of the Act or the Rules; and (3) there have been no
other violations which, taken together, constitute a pattern of abuse,
we are to grant the renewal application.[^3] In his Objection,
Olejniczak alleges that the president of Synergy, Todd Mohr, acted
"unscrupulously" when acquiring Station WKGH-FM, Allegan, Michigan, from
Olejniczak and misrepresented the date of consummation

of the sale to the Commission.[^4] In response, Synergy states that (1)
Olejniczak's Objection does not meet the standards of a Petition to
Deny;[^5] (2) Olejniczak's claims are without merit; (3) the Commission
is not the proper forum for Olejniczak's claims; and (4) Olejniczak's
allegations have no bearing on Station WWKR(FM)'s license renewal.

Synergy is correct that Olejniczak's allegations have no bearing on the
license renewal application for Station WWKR(FM). Section 309(k) of the
Act directs the Commission to evaluate the licensee's actions with
respect to the station which is the subject of the license renewal
application, and allegations concerning potential misconduct at another
station, more than ten years ago, are not relevant in the context of the
WWKR(FM) license renewal application.

To the extent that Olejniczak claims that Todd Mohr has misrepresented
the date of consummation of the WKGH-FM sale to the Commission, he has
not provided any probative evidence. The contract attached to
Olejniczak's Objection is for a sale of shares in Spectrum, not the
consummation of the WKGH-FM sale. Olejniczak claims that both
transactions occurred on the same date, April 24, 1995. Although
Olejniczak claims that he did not sign the Bill of Sale until April 24,
2005, the Bill of Sale for WKGH-FM provided by Olejniczak[^6] - and
ostensibly bearing his signature - is dated March 24, 1995, the date
that was reported to the Commission. To the extent that Olejniczak
believes he was treated unfairly during the purchase of WKGH-FM, he
should seek redress in a local court of competent jurisdiction.[^7]

We find that Olejniczak's Objection contains neither adequate nor
specific factual allegations sufficient to warrant further inquiry
regarding renewal of WWKR(FM)'s license.[^8] Furthermore, pursuant to
Section 309(k) of the Act, we find that (1) station WWKR(FM) has served
the public interest, convenience, and necessity during the subject
license term; (2) there have been no serious violations of the
Communications Act or the Commission's rules; and (3) there have been no
other violations, which

taken together, constitute a pattern of abuse.

*Conclusions/Actions*. Accordingly, IT IS ORDERED that, the Informal
Objection of Thomas Olejniczak IS DENIED and the application (File No.
BRH-20040504ABM) of Synergy Media, Inc., for renewal of license for
Station WWKR(FM), Pentwater, Michigan IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Howard M. Liberman, Esq.

Robert L. Olender, Esq.

[^1]: The license renewal application was timely filed on May 4, 2004.

[^2]: ^?^ 47 U.S.C. § 309(k).

[^3]: ^?^ 47 U.S.C. § 309(k)(1). The renewal standard was amended to
    read as described by Section 204(a) of the Telecommunications Act of
    1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). *See Implementation
    of Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^4]: ^?^ *See* File No. BALH-19950127GE (application to assign WKGH-FM
    from Midpoint Broadcasting -- a company owned by Olejniczak and
    Michael Maciejewski -- to Spectrum Communications, Inc.), granted on
    March 16, 1995. Commission records reflect the transaction was
    consummated on March 24, 1995. WKGH-FM is now known as WZUU(FM).
    Spectrum Communications, Inc. sold WZUU(FM) to Forum Communications,
    Inc. pursuant to Application No. BALH-19970311WV, granted July 3,
    1997. This sale was consummated on August 12, 1997.

[^5]: ^?^ Olejniczak submitted his letter as an Informal Objection and
    it will be treated as such under 47 C.F.R. § 73.3587.

[^6]: ^?^ *See* Attachment to Olejniczak's October 14, 2004, Rebuttal to
    Synergy's Opposition.

[^7]: *See John F. Runner, Receiver (KBIF)*, 36 Rad. Red. 2d (P&F) 773,
    778 (1976); *Listener's Guild, Inc. v. FCC*, 813 F.2d 465, 469 (D.C.
    Cir. 1987); *Decatur Telecasting, Inc*., 7 FCC Rcd 8622, 8624
    (1992). Notably, Olejniczak filed an informal objection against the
    sale of WKGH-FM in 1997. That objection, which contained similar
    allegations to those currently presented, was considered and denied
    on July 3, 1997. *See Letter to Thomas Olejniczak from Linda Blair*
    (MMB Jul. 3, 1997).

[^8]: ^?^ *See Area Christian Television, Inc.*, 60 R.R. 2d 862 (1986)
    (informal objections, like petitions to deny, must contain adequate
    and specific factual allegations sufficient to warrant the relief
    requested).