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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-PA-013
Networx Corporation ) NAL/Acct. No.
200232400008
Pittsford, New York ) FRN #0006-0222-
97
MEMORANDUM OPINION AND ORDER
Adopted: August 14, 2003 Released:
August 18, 2003
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we cancel the proposed monetary forfeiture in the amount of
ten thousand dollars ($10,000) issued to Networx Corporation
(``Networx'') for an apparent willful violation of Section
301 of the Communications Act of 1934, as amended
(``Act'').1 The alleged violation was Networx's
unauthorized operation of FM broadcast transmitters.
2. After reviewing the record before us, we conclude
that there is not enough evidence to support a finding that
Networx operated the FM broadcast transmitters at the
location specified by the NAL in violation of Section 301 of
the Act.
3. Accordingly, IT IS ORDERED that, pursuant to
Section 504(b) of the Act2 and Section 1.80(f)(4) of the
Rules,3 the proposed $10,000 monetary forfeiture against
Networx IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Networx Corporation, 1 Fishers Road,
Pittsford, New York 14534, and to its counsel, Timothy K.
Brady, Esquire, P.O. Box 71309, Newnan, Georgia 30271.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 47 U.S.C. § 504(b).
3 47 C.F.R. § 1.80(f)(4).