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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.