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


In the Matter of                )
                                )       File No. EB-02-NY-259
                                )
Long Island Multimedia, LLC.    )       NAL/Acct. No. 
200332380014
WLIE                            )
Deer Park, NY                   )       FRN: 0003-5088-84


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    January  28, 
2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Long  Island Multimedia, LLC., licensee  of 
radio   station,   WLIE,   has   apparently   violated   Sections 
11.61(a)(2)(i)(A) and  11.61(b) of  the Commission's  Rules  (the 
``Rules''),1 by failing to conduct  required weekly tests of  the 
Emergency Alert System (``EAS'') and failing to maintain  station 
records of required  monthly and  weekly EAS  test messages.   We 
conclude that Long Island  Multimedia, LLC. is apparently  liable 
for  a  forfeiture  in  the  amount  of  three  thousand  dollars 
($3,000).

                         II.  BACKGROUND

     2.   On October  30, 2002,  Commission agents  conducted  an 
inspection of radio  station, WLIE's  EAS, located  at 2137  Deer 
Park Avenue,  Deer  Park,  NY  11729.   Based  upon  the  agents' 
inspection of station records, they determined that WLIE:

(a)       Failed to  conduct required  weekly  tests of  the  EAS 
  header  and EOM  codes  for the  weeks  of August  4-10,  2002, 
  September 8-14, 2002,  September 15-21, 2002, September  22-28, 
  2002, and October 13-19, 2002. 
(b)       Failed to  conduct required  monthly tests  of the  EAS 
  header codes, Attention  Signal, Test Script, and EOM code  for 
  the month of August 2002. 
(c)       Failed to maintain EAS equipment so that it is  capable 
  of receiving EAS test  messages  for the month of August  2002, 
  and for  the weeks  of August  4-10, 2002,  and October  20-26, 
  2002.
(d)       Failed to maintain station records of required  monthly 
  EAS tests  received for  the month  of August  2002, and  state 
  reasons why EAS tests were not received.
(e)       Failed to maintain station  records of required  weekly 
  EAS tests  received for  the weeks  of August  4-10, 2002,  and 
  October 20-26, 2002, and  state reasons why EAS tests were  not 
  received.

     3.   On November 13, 2002, the New York Office sent a Notice 
of Violation for failure to  conduct required monthly and  weekly 
EAS tests,  by  First Class  and  Certified Mail  Return  Receipt 
Requested, to Long Island Multimedia, LLC.   

     4.   On November 21,  2002, the New  York Office received  a 
reply to the Notice of  Violation from Barry D. Umansky,  counsel 
for Long  Island  Multimedia,  LLC., stating  that  the  required 
weekly EAS tests were not  conducted and no station records  were 
maintained due to inexperienced board operators and  insufficient 
training.

                        III.  DISCUSSION

     5.   Section 11.61(a)(2)(i)(A)  of  the  Commission's  Rules 
requires broadcast stations to  conduct required weekly tests  of 
the EAS header and EOM codes at least once a week at random  days 
and times.  Section 11.61(b)  of the Commission's Rules  requires 
broadcast stations to make entries in station records of  monthly 
and weekly EAS tests received.  WLIE's station records failed  to 
show that required weekly tests of  the EAS header and EOM  codes 
were conducted for the weeks  of August 4-10, 2002, September  8-
14, 2002,  September  15-21,  2002, September  22-28,  2002,  and 
October 13-19,  2002.   Entries  were not  made  in  the  station 
records of EAS tests received for  the month of August 2002,  for 
the weeks  of  August  4-10, 2002,  and October  20-26, 2002,  or 
reasons why  required  monthly  and weekly  EAS  tests  were  not 
received. 

     6.   Based on the  evidence before  us, we  find that,  Long 
Island  Multimedia,  LLC.  willfully2  and  repeatedly3  violated 
Sections 11.61(a)(2)(i)(A) and 11.61(b)  of the Rules by  failing 
to conduct required weekly tests of the EAS header and EOM  codes 
for the  weeks  of  August  4-10,  2002,  September  8-14,  2002, 
September 15-21, 2002, September 22-28, 2002, and October  13-19, 
2002, and log entries of reasons why required monthly and  weekly 
EAS tests were not received for the month of August 2002, and for 
the weeks of  August 4-10, 2002, and October 20-26, 2002.

     7.   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  make  required 
measurements or conduct  required monitoring at  $2,000, and  for 
failure to maintain required records at $1,000.  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.  Applying the Forfeiture Policy Statement 
and the statutory factors  to the instant  case and applying  the 
inflation adjustments, we  believe that a  three thousand  dollar 
($3,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules7,  Long  Island  Multimedia,  LLC.  is  hereby 
NOTIFIED of  their APPARENT  LIABILITY FOR  A FORFEITURE  in  the 
amount  of  three  thousand  dollars  ($3,000)  for  willful  and 
repeated violations of Sections 11.61(a)(2)(i)(A) and 11.61(b) of 
the Commission's Rules.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NOTICE OF APPARENT  LIABILITY, Long Island Multimedia,  LLC. 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     10.  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. 200332380014 and FRN: 0003-5088-84. 

     11.  Any response  to this  NAL 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. 200332380014. 

     12.  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.  

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

     14.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Long Island Multimedia, LLC., 2137 Deer Park Avenue, 
Deer Park, NY  11729, and  a copy to  Thompson Hine  LLP, 1920  N 
Street, N.W., Washington, D.C. 20036-1600.  

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A - FCC List of Small Entities, October 2002

_________________________

1 47 C.F.R.  11.61(a)(2)(i)(A) and 11.61(b).
2 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).

3 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.

447 C.F.R.  1.80.
5
47 U.S.C.  503(b)(2)(D).

647 U.S.C.  503(b).

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.