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

In the Matter of                  )
                                 )
BLACK MEDIA WORKS, INC.           )   File No. 9706039-KMS
                                 )   Facility #5488
Licensee of Station WJFP(FM)      )
Fort Pierce, Florida              )
                                 )

                MEMORANDUM OPINION AND ORDER

     Adopted:   February 6, 2001                  Released:   
February 7, 2001

By the Chief, Enforcement Bureau:

     1.   In   this  Order,   we  deny   the  petition   for 
reconsideration filed  July 3, 2000, by  Midway Broadcasting 
Company (``Midway'').   Midway seeks reconsideration  of the 
June  2,  2000,  action  of the  Chief,  Investigations  and 
Hearings  Division,  admonishing  Black  Media  Works,  Inc. 
(``Black  Media'')   for  violating  Section  399B   of  the 
Communications Act (``Act''), 47  U.S.C.  399B, and Section 
73.503(d) of the Commission's  rules, 47 C.F.R.  73.503(d), 
by broadcasting prohibited advertisements over noncommercial 
educational station WJFP(FM), Fort Pierce, Florida.  Midway, 
the  original  complainant  in   this  matter,  argues  that 
admonishment  is  an  inadequate  sanction  to  redress  the 
statutory and rule violations involved.

     2.     We reject  Midway's  arguments.  The  challenged 
June  2, 2000,  decision  letter admonished  Black Media  to 
comply with  the statute  and pertinent Commission  rules or 
face  more  serious  sanctions  in the  event  of  recurring 
violations.  Notwithstanding its  speculation on this point, 
Midway does not provide  adequate reasons why the imposition 
of  a  more  severe  form of  initial  punishment  would  be 
required to  ensure WJFP(FM)'s prospective  rule compliance.  
Moreover,   while  complaining   parties   may  question   a 
licensee's  conduct and  so invite  Commission scrutiny  and 
investigative   efforts,  the   agency   itself  has   broad 
discretion in  determining the  ultimate choice  of remedies 
and  sanctions  appropriate  in  given  cases.   See  Lorain 
Journal Co. v.  FCC, 351 F.2d 824, 830-31  (D.C. Cir. 1965), 
cert.  denied sub  nom.  WWIZ,  Inc. v.  FCC,  383 U.S.  967 
(1966), citing FCC  v. WOKO, Inc., 329 U.S.  223 (1946).  In 
this  connection,  after  reviewing Midway's  petition,  the 
responsive pleadings, and the  underlying record, we find no 
reason to overturn our prior  decision and conclude that the 
decision to issue an admonishment was correct.1 
 
     3.   Accordingly,  IT IS  ORDERED, pursuant  to Section 
405 of the Communications Act of 1934, as amended, 47 U.S.C. 
  405, and  Section  1.106 of  the  Commission's rules,  47 
C.F.R.  1.106, that  the petition for reconsideration filed 
July 3, 2000, by Midway  Broadcasting Company IS DENIED, and 
that  our June  2, 2000,  decision imposing  an admonishment 
against Black  Media Works, Inc., licensee  of noncommercial 
educational station WJFP(FM), Fort Pierce, Florida, for 



violating Section 399B  of the Act and  Section 73.503(d) of 
the Commission's rules, IS AFFIRMED.


                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1 We note that, in its responsive pleadings, Black Media 
does not challenge our admonishment.