Click here for Adobe Acrobat version
Click here for Microsoft Word version
Click here for Consent Decree

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                )
                                )
Station WCMI(AM)                )     File No.  EB-00-DT-779
                                )
Fifth Avenue Broadcasting Co., Inc.   ) NAL/Acct.        No.  

200132360003
Huntington, West Virginia       )     FRN 0004-2464-43

                                      

                            ORDER

Adopted:  February 14, 2002             Released:   February 

19, 2002

By the Chief, Enforcement Bureau:

     1.   In  this  Order,  we adopt  the  attached  Consent 
Decree entered into between the Enforcement Bureau and Fifth 
Avenue  Broadcasting  Co.,  Inc.  (``Fifth  Avenue'').   The 
Consent   Decree   terminates   the   Enforcement   Bureau's 
forfeiture proceeding  against Fifth Avenue.   Fifth Avenue, 
licensee   of   WCMI(AM),   apparently   violated   Sections 
73.1225(d)(1) (failure  to maintain copy of  the most recent 
antenna  impedance  measurement);   73.1350(a)  (failure  to 
operate   according   to   the    terms   of   the   station 
authorization);   73.1690(b)(2)    (failure   to    file   a 
construction  permit);  73.3526(e)(1) (failure  to  maintain 
copy of  current authorization  in public  inspection file); 
and  73.3526(e)(12)  (failure  to  maintain  issues/programs 
lists  in the  public inspection  file) of  the Commission's 
Rules.1

     2.   The  Consent Decree  provides,  that, among  other 
things,  Fifth Avenue  will implement  a Compliance  Plan to 
ensure its future compliance with the Commission's Rules and 
will  make a  $10,000 voluntary  contribution to  the United 
States Treasury.2

     3.   After having  reviewed the record and  the Consent 
Decree,  including  the  incorporated  Compliance  Plan,  we 
believe that the public interest  will be served by adopting 
the Consent Decree and  terminating the Enforcement Bureau's 
forfeiture proceeding against Fifth Avenue. 

     4.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 4(i), 4(j), and 503(b) of the Communications Act of 
1934,  as  amended,3 and  Section  0.111  and 0.311  of  the 
Commission's  Rules,4 the  Consent Decree  attached to  this 
Order, IS ADOPTED.

     5.   IT  IS   FURTHER  ORDERED  that   the  Enforcement 
Bureau's  forfeiture  proceeding  against  Fifth  Avenue  IS 
TERMINATED.

     6.   IT IS  FURTHER ORDERED that  a copy of  this Order 
and Consent  Decree shall be  sent by Certified  Mail Return 
Receipt  Requested  to  Susan Marshall,  Esq.,  and  Vincent 
Curtis,  Esq., Fletcher,  Heald  &  Hildreth, P.L.C.,   11th 
Floor, 1300  North 17th Street, Arlington,  Virginia, 22209, 
and to Fifth Avenue Broadcasting Co., Inc., 401 11th Street, 
Suite 200, Huntington, West Virginia, 25701.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

   1 47 C.F.R.   73.1225(d)(1), 73.1350(a), 73.1690(b)(2), 
73.3526(e)(1), 73.3526(e)(12).

   2 Payment  may be  made  by mailing  a  check or  similar 
instrument,   payable   to   the  order   of   the   Federal 
Communications  Commission,  to  the  Forfeiture  Collection 
Section, Finance Branch,  Federal Communications Commission, 
P.O. Box  73482, Chicago, Illinois 60673-7482.   The payment 
should note  the NAL/Acct.  No. 200132360003, and  FRN 0004-
2464-43 referenced above.

   3 47 U.S.C.  154(i), 154(j), 503(b).

   4 47 C.F.R.  0.111, 0.311.