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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.