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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-
02-TP-207
)
Fenix Broadcasting Corp. ) NAL/Acct. No.
200232700008
Licensee, Station WWFE(AM) )
Miami, Florida ) FRN 0006-
1648-67
FORFEITURE ORDER
Adopted: August 2, 2002 Released: August 7,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty-one
thousand dollars ($21,000) to Fenix Broadcasting Corp.
(``Fenix''), licensee of Station WWFE(AM), Miami,
Florida, for willful violation of Sections 11.35(a),
17.51, and 73.49 of the Commission's Rules (``the
Rules'').1 The noted violations involve Fenix's
failure to have Emergency Alert System equipment
operational on March 28, 2002, failure to exhibit
tower lights from sunset to sunrise, and failure to
enclose antenna towers having radio frequency
potential at the base within effective locked
enclosures.
2. On May 7, 2002, the District Director of the
Commission's Tampa, Florida Field Office issued a Notice of
Apparent Liability for Forfeiture (``NAL'')2 in the amount of
$21,000 to Fenix. Fenix has not filed a response to the NAL.
Based on the information before us, we affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended, (``the
Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4
Fenix Broadcasting Corp. IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $21,000 for willfully violating Sections 11.35(a),
17.51, and 73.49 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.6
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200232700008, and FRN 0006-1648-67. Requests for
full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED THAT this Order shall be sent by
regular mail and by certified mail, return receipt requested, to
Fenix Broadcasting Corp., 330 S.W. 27th Avenue #207, Miami,
Florida 33135.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a), 17.51, and 73.49.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232700008 (Enf. Bur., Tampa Field Office, released May 7,
2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.