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 Federal  Communications  Commission  DA  02-  364 
 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. 


 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. 
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 Federal  Communications  Commission  DA  02-  364 
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 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.,  11  th  Floor,  1300  North  17  th  Street,  Arlington,  Virginia,  22209,  and  to  Fifth  Avenue  Broadcasting  Co.,  Inc.,  401  11  th  Street,  Suite  200, 
 Huntington,  West  Virginia,  25701. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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