The Federal Communications Commission has rejected an appeal by the former owner of oldies station WXTR-FM (104.1) to rescind or reduce a $10,000 fine assessed in spring 1986. The FCC had charged the Dalton Group Inc. with "repeated violations of the commission's rules by failing to maintain a studio in the community of license {La Plata}; originate a majority of non-network programming from that main studio; and maintain a public inspection file, respectively."

The Charles County station's studios were located in La Plata until 2 1/2 years ago, when then-owner Bill Dalton invested more than $250,000 in new studios inside the Beltway in Marlow Heights. The transmitter remains in Waldorf. The 50,000-watt station was sold to a partnership led by prominent black broadcast pioneer Ragan Henry for $14.5 million in January.

"When we moved the studios we were given faulty {legal} advice," Dalton said Saturday. He said the station's lawyer's didn't tell him to apply for what is called an Arizona waiver, which would have allowed the change in studio location. The station applied for and received the waiver soon after the charges were first lodged.

"They corrected the problem in May '86 but we are fining them for the activity that happened before the corrected action," said FCC attorney Marsha Diamond last week. Diamond said it took the commission 18 months to respond to the station's appeal because of a case overload.

Coincidentally, the FCC in June dropped the original rule that required broadcasters to maintain community studios and originate much of the programming there. However, Diamond said the commission would press the issue.

Dalton, who plans to build a chain of medium-market radio stations, said Hamel and Park, the law firm that represented the broadcast group then, had agreed to pay the $10,000 fine if necessary. Jack Pettit, Hamel and Park's managing partner, yesterday refused to discuss the firm's financial arrangements with Dalton but said the firm would file another appeal to the FCC by the close of business yesterday.

The FCC charges will have no impact on present WXTR operations. Not Now, Anyway ... Former WRQX-FM (107.3) morning man J.J. McKay and WAVA-FM (105.1) afternoon jock Gene Baxter, who uses the on-air name "Flash Phillips," each deny that they will soon be appearing together as a morning team at a local contemporary station. McKay, who does daily sports reports heard on 64 stations from Pennsylvania to South Carolina, called the rumor a "wonderful idea," but said he hasn't been approached by any stations since his June demise at Q-107. Baxter, who is also WAVA's music director, refused to discuss the subject. Stay Fresh and First Next month, WGAY-FM (99.5) Operations Manager Bob Chandler will spend a week in London's Lansdowne Studios, where he'll oversee the recording of 20 custom titles for the ever-popular Silver Spring easy-listening station that was rated No. 1 in the recent Arbitron survey. But this time arranger Simon Park has been called in to help produce more contemporary tunes as the station hopes to cultivate a slightly younger following. The move follows several ratings periods in which the total audience share declined as the Washington market ratings continue to become more compressed. Meanwhile, WGAY's fall television ad campaign stresses that the station is playing more music.

Speaking of the recent ratings period, among the hardest hit by uptempo music spinners WDJY-FM (100.3), WPGC-AM/FM (1580/95.5) and WAVA, which enjoyed a remarkable surge in popularity, were easy-poppers WLTT-FM (94.7), which dropped to a 3.0 after two flat ratings periods at 3.2; WASH-FM (97.1), slipping to 2.6 from 3.1; and WMMJ-FM (102.3), 1.3, losing one-tenth from the spring survey. Competition is expected to lighten up in the softy market in January when Outlet Communications completes its $29.25 million purchase of WASH, a move that will force Outlet to sell WMMJ. The buyer, WOL-AM's (1450) Cathy Hughes and company, will have to find a new format.

Speaking of ratings, last week's On the Dial column failed to give WAVA's placing in morning ratings for listeners 12 years and older. The "Morning Zoo" had an 8.2 share, second behind WMAL's Harden and Weaver with a 10.1 share.

And the Talk Continues Personal advice host Sally Jessy Raphael, who left NBC Talknet on Labor Day weekend, will premiere on the ABC Radio Network on Jan. 11, according to Maurice Tunick, vice president and director of ABC Radio. Tunick, who hired Raphael at NBC when he created the successful talk network for NBC in November 1981, began offering the new, three-hour Raphael show to ABC affiliates last week and reported on Thursday that "the phone has not stopped ringing since the day we announced it."

However, WMAL-AM (630), the local ABC-owned-and-operated station, says it won't air the 7-to-10 weeknight show because it would cut into programs by Dr. Joe Novello and the king of sports gab, Ken Beatrice.

Over at WWRC-AM (980), Talknet regulars have been tuning in to financial adviser Bruce Williams and Raphael's replacement, Neil Myers.