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 Federal  Communications  Commission  DA  03-  2663 
 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  Act  2  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). 
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