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

In the Matter of                 )
                                )         File Number: EB-02-BF-
Arrow Communications of N.Y.     )         181
Inc                              )
Radio Stations WPIG(FM) &        )         NAL/Acct. No. 
WHDL(AM)                         )         200332280002
Williamsport, PA.                )
                                          FRN: 0001-8382-00




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: November 7, 
                              2002


By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Arrow  Communications  of  N.Y.  Inc. 
(``Arrow''), licensee  of radio  stations WPIG(FM)  and  WHDL(AM) 
Olean, New  York apparently  violated  Section 11.35(a)1  of  the 
Commission's Rules  (``Rules'') by  failing to  have  operational 
Emergency Alert System (``EAS'') equipment available so that  the 
transmitting and monitoring functions are available during  times 
that  the  station  is  in  operation.  We  conclude  that  Arrow 
Communications of N.Y. Inc. is apparently liable for a forfeiture 
in the amount of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On July  10,  2002,  an  agent  from  the  Commission's 
Buffalo Office conducted an inspection of the EAS system at radio 
stations WPIG(FM) and WHDL(AM) in  Olean, New York.  The  station 
studios were co-located and were using the same EAS system.  When 
the agent placed the EAS decoder in the monitor mode, the  signal 
from one of  the assigned  stations was very  noisy.  The  signal 
from the second  assigned station  was not  present.  The  signal 
from the National Weather Service could be heard.  A check of the 
station logs from June 2, 2002 through July 9, 2002 indicated  no 
EAS tests or notifications received  from either of the  assigned 
stations.  There were  no entries in  the station log  indicating 
the failure to receive the  required EAS tests or  notifications.  
There  were  no  entries  in  the  station  log  indicating   the 
designated chief operator had reviewed them.
 
     3.   On July 11, 2002, the Buffalo Office issued a Notice of 
Violation (``NOV'') to Arrow citing Sections 11.35(a), failure to 
have an operational  EAS system, and  73.1870(c)(3)2, failure  to 
have the designated chief operator review the logs.  On July  23, 
2002, Arrow  submitted  a written  reply  stating that  an  audio 
ground wire inside  the EAS  equipment had come  loose, and  that 
they had  corrected  the  problem.   Arrow  also  stated  it  has 
instructed its staff to log tests whenever they are received  and 
reminded the chief operator to review the station logs

                         III.  DISCUSSION
 

     4.   Section  11.35(a)  of  the  rules  requires   broadcast 
stations to install EAS Decoders and Attention Signal  generating 
and receiving  equipment used  as part  of the  EAS so  that  the 
monitoring and transmitting  functions are  available during  the 
times the station and  system are in operation.   At the time  of 
inspection, the EAS monitor was not able to receive either of the 
assigned stations.  The station logs indicated that no EAS  tests 
or notifications were received from these stations from at  least 
June 2, 2002 through July 9, 2002.  Section 11.35(a) of the rules 
also requires  broadcast  stations  determine the  cause  of  any 
failure to receive required  tests or notifications.  There  were 
no entries in the station log indicating the cause of failure  to 
receive the required tests or notifications. 


     5.   Based on the evidence before  us, we find that on  July 
10, 2002, Arrow Communications  of N.Y. Inc. willfully3  violated 
Section 11.35(a) of the Rules by failing to have operational  EAS 
equipment, and  failure  to determine  the  cause of  failure  to 
receive required  EAS tests  or notifications.  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'')4, sets the base forfeiture amount for failure 
to  have  operational  EAS  equipment  installed  at  $8000.   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, as amended, (``Act''),5  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.  The record  reveals 
that Arrow  Communications  of N.Y.  Inc.  does have  an  overall 
history of compliance.  Applying the Forfeiture Policy  Statement 
and the statutory factors  to the instant  case and applying  the 
inflation adjustments, we  believe that a  eight thousand  dollar 
($8,000) monetary forfeiture is warranted


                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Arrow Communications of N.Y.  Inc. is hereby NOTIFIED  of 
its APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  eight 
thousand dollars ($8,000) for  violating Section 11.35(a) of  the 
Rules.

     7.   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, Arrow  Communications of N.Y. Inc..  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     8.   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. 200332280002, and FRN 0006-1324-19.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. 200332280002.

     10.  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.  

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8 

     12.  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.

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Arrow  Communications of N.Y.  Inc., 1685 Four  Mile 
Drive, Williamsport, Pennsylvania  17701.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              David A. Viglione
                              Resident Agent
                              Buffalo Office
_________________________

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

2 47 C.F.R.  73.1870(c)(3).
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 commission or omission 
of any act, means that 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 Red 4387 (1991)

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

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

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.