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 Federal  Communications  Commission  DA  02-  1921 
 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  Rules  5  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- 


 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). 
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 Federal  Communications  Commission  DA  02-  1921 
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 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.  27  th  Avenue  #207,  Miami, 
 Florida  33135. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 7  See  47  C.  F.  R.  §  1.1914. 
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