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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                   )
                                )       File No. EB-02-PA-200
                                )
Minority Business and Housing Development Inc.    )         
NAL/Acct. No. 200332400003
WYGG                            )
Uniondale, New York             )       FRN: 0007-5125-28


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: December 30, 
               2002

By the District Director, Philadelphia Office, Enforcement 
Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we   find   that  Minority   Business   and   Housing 
Development, Inc. (``Minority Business''), the licensee of  radio 
station WYGG,  has  apparently  violated  Sections  11.35(a)  and 
73.1350(a) of  the Commission's  Rules (the  ``Rules'').1   These 
sections respectively, require that the station have installed an 
operational  EAS  system,  and   that  the  station  operate   in 
accordance with  the  terms  of the  station  authorization.   We 
conclude that  Minority  Business  is  apparently  liable  for  a 
forfeiture in the amount of thirteen thousand dollars ($13,000). 

                         II.  BACKGROUND

     2.   On February 20, 2002, the Philadelphia Office  received 
information that  Minority Business  was operating  station  WYGG 
with an excessive antenna height.  In response, the  Philadelphia 
Office assigned an FCC agent to inspect the station.  During  the 
inspection on April 26, 2002,  the FCC agent found that  Minority 
Business had mounted  WYGG's antenna  on the roof  of a  13-story 
building at  601 Bangs  Avenue,  Asbury Park,  New Jersey  at  an 
overall height above ground level of 43.9 meters (144 feet).  The 
station's license (File No. BLED-19990304KZ) authorizes  Minority 
Business to operate WYGG at 517 Cookman Avenue, Asbury Park,  New 
Jersey with  an antenna  height of  14 meters  (45.9 feet)  above 
ground level   The FCC  agent also  attempted to  inspect  WYGG's 
Emergency Alert System ("EAS") equipment.  Mr. Rodrique Cole, the 
operator on duty, informed the  FCC agent that Minority  Business 
never installed EAS equipment at the station.     

     3.   On May  30,  2002,  the Philadelphia  Office  issued  a 
Notice of Violation to Minority Business, for failing to  install 
and operate  EAS  equipment  and  for  exceeding  the  authorized 
antenna height of station in violation of the Rules. 


     4.   Because Minority Business  did not file  a response  to 
the Notice of Violation, an  FCC agent re-inspected station  WYGG 
on  July  8,  2002  to  determine  if  the  violations  had  been 
corrected.  The  agent found  that  Minority Business  was  still 
operating station WYGG from the roof of the building at 601 Bangs 
Avenue, Asbury  Park,  New Jersey,  exceeding  WYGG's  authorized 
antenna  height  by  29.9  meters,  and  had  not  installed  EAS 
equipment at the  station.  On  July 24,  2002, the  Philadelphia 
Office issued a second Notice  of Violation to Minority  Business 
for  failing  to  install  and  operate  EAS  equipment  and  for 
exceeding the authorized antenna  height of station in  violation 
of the Rules.

     5.   By  letter  dated  July  31,  2002,  Minority  Business 
submitted a  response  to  the  Notices  of  Violation.   In  the 
response,  Minority  Business  acknowledged  the  violations  and 
stated that  it reduced  WYGG's power  from 100  to 50  watts  as 
directed by its engineering consultant, Sterling Communications.2  
Minority Business  also  requested  a  three-month  extension  to 
install the  EAS equipment  because it  was trying  to raise  the 
money for the purchase of the equipment.  

     6.   By email  dated  August 9,  2002,  Mr. James  Price  of 
Sterling Communications informed the Philadelphia Office that  he 
filed an  application for  construction permit  with the  FCC  on 
behalf of Minority  Business, which proposed  to operate  station 
WYGG at 601 Bangs Avenue, Asbury Park, New Jersey with an antenna 
height of 43.9 meters above  ground.  Mr. Price also stated  that 
he would file a request for Special Temporary Authority (``STA'') 
with the FCC on  behalf of Minority Business  to operate WYGG  at 
variance from the facilities authorized in the station's  license 
until the construction permit was granted.    

                      III.      DISCUSSION

     7.   Section 11.35(a)  of the  Rules states  that  broadcast 
stations are  responsible for  ensuring  that EAS  Encoders,  EAS 
Decoders and Attention Signal generating and receiving  equipment 
used as part of the EAS are installed so that the monitoring  and 
transmitting  functions  are  available  during  the  times   the 
stations and systems  are in  operation.  On April  26, 2002  and 
July 8,  2002,  Minority  Business did  not  have  installed  and 
operational any EAS equipment at radio station WYGG. 

     8.   Section  73.1350(a)  of  the  Rules  states  that  each 
licensee  is  responsible  for  maintaining  and  operating   its 
broadcast station in a manner  which complies with the  technical 
rules set forth elsewhere in this part and in accordance with the 
terms of the station authorization.   On April 26, 2002 and  July 
8, 2002, Minority Business operated  WYGG with an antenna  height 
that exceeded  the station's  authorized antenna  height by  29.9 
meters.

     9.   Based on the evidence before us, we find that  Minority 
Business apparently willfully3 and repeatedly4 violated  Sections 
11.35(a)  and  73.1350(a)   of  the   Rules.   The   Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied, 15 FCC Rcd 303 (1999)  (``Forfeiture 
Policy Statement'')5, sets the base forfeiture amount for failure 
to install and operate EAS equipment at $8,000, and for exceeding 
the  authorized  antenna  height  at  $5000.   In  assessing  the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act  of 1934,6  (the ``Act''),  as amended,  which 
include the  nature, circumstances,  extent, and  gravity of  the 
violation, and  with  respect  to the  violator,  the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other  such  matters  as   justice  may  require.  Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a thirteen thousand dollar ($13,000) monetary forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act7, and Sections  0.111, 0.311 and  1.80 of  the 
Rules8, Minority Business and Housing Development, Inc. is hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of thirteen  thousand  dollars  ($13,000)  for  exceeding  WYGG's 
authorized antenna height and failing to install and operate  EAS 
equipment at station WYGG. 

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Minority Business and Housing Development, 
Inc. SHALL  PAY the  full amount  of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     12.  Payment of  the forfeiture  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. 200332400003 and FRN: 0007-5125-28.

     13.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST  INCLUDE THE NAL/Acct.  No. 200332400003 and  FRN: 
0007-5125-28.  
     14.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9

     16.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent  to the Technical  and Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Minority Business and Housing  Development, 
Inc., 612 Leonard Avenue, Uniondale, New York 11553. 


                                   FEDERAL         COMMUNICATIONS 
COMMISSION



                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office


Attachment A - FCC's List of Small Entities.
_________________________

1 47 C.F.R.  11.35(a) and 73.1350(a).

2  When Minority Business increased WYGG's antenna height from 14 
meters to 43.9 meters, Minority Business effectively extended 
WYGG's coverage area, as defined by the 60 dBm contour.  Sterling 
Communications directed Minority Business to reduce WYGG's 
effective radiated power (``ERP'') from 100 Watts to 50 Watts to 
prevent the station's existing 60 dBm contour from extending 
beyond its authorized 60 dBm contour.  

3 Section  312(f)(1) of  the Act,  47 U.S.C.   312(f)(1),  which 
applies to Section 503(b) of the Act, provides that ``[t]he  term 
`willful', when used with reference to the commission or omission 
of any  act, means  the conscious  and deliberate  commission  or 
omission of such act, irrespective  of any intent to violate  any 
provision  of   this   Act  ....''    See   Southern   California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

4   Section  312(f)(2), which  also  applies to  Section  503(b), 
provides:  [t]he term ``repeated'',  when used with reference  to 
the commission or omission  of any act,  means the commission  or 
omission of such  act more than  once or, if  such commission  or 
omission is continuous, for more than one day.

5 47 C.F.R.  1.80.

6 47 U.S.C  503(b)(2)(D).

7 47 U.S.C  503(b)

8 47 C.F.R.  0.111 and 0.311.

9  See 47 C.F.R.  1.1914.