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


In the Matter of                )
                                )       File No. EB-02-NY-248
                                )
IW Limited Liability Company    )       NAL/Acct. No. 
200332380015
WRCN-FM                         )
Newton, MA                      )       FRN: 0003-7827-60


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    January  31, 
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  IW  Limited Liability  Company  (``IW''), 
licensee of  radio  station,  WRCN-FM,  has  apparently  violated 
Sections 11.61(a)(2)(i)(A),  11.61(a)(1)(i), and 11.61(b) of  the 
Commission's  Rules  (the  ``Rules''),1  by  failing  to  conduct 
required monthly and 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 IW  is 
apparently liable  for  a  forfeiture  in  the  amount  of  three 
thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   On October 29,  2002, a Commission  agent conducted  an 
inspection of radio station, WRCN-FM's EAS, located at 3241 Route 
112, Building  #7, Medford,  NY 11763.   Based upon  the  agent's 
inspection of WRCN-FM's station  records, it was determined  that 
WRCN-FM:

(a)       Failed to  conduct required  weekly  tests of  the  EAS 
  header and  EOM codes for the weeks  of August 18-24, 2002  and 
  October 20-26, 2002. 
(b)       Failed to  conduct required  monthly tests  of the  EAS 
  header codes, Attention  Signal, Test Script, and EOM code  for 
  the months of August 2002, September 2002, and October 2002. 
(c)       Failed to install and maintain EAS equipment so that it 
  is capable  of receiving EAS  test messages for  the months  of 
  August  2002, September  2002, and  October 2002,  and for  the 
  week of  September 1-7, 2002,  and from September  15, 2002  to 
  October 12, 2002.
(d)       Failed to maintain station records of required  monthly 
  EAS tests  received for  the months of  August 2002,  September 
  2002, and  October 2002, and state  reasons why EAS tests  were 
  not received.
(e)       Failed to maintain station  records of required  weekly 
  EAS tests  received for the  week of September  1-7, 2002,  and 
  from September 15, 2002 to October 12, 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 IW. 

     4.   On November 26,  2002, the New  York Office received  a 
reply to the Notice of Violation from Allan G. Moskowitz, counsel 
for IW,  stating that  the  required weekly  EAS tests  were  not 
conducted and no station records were maintained due to personnel 
changes 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(a)(1)(i) of  the  Commission's  Rules 
requires broadcast stations to conduct required monthly tests  of 
the EAS header codes, Attention Signal, Test Script, and EOM code 
that conforms  to  procedures  in  EAS  Operating  Handbook,  and 
Section 11.61(a)(1)(v)2.   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.   WRCN-FM's 
station records failed to show that required weekly tests of  the 
EAS header and EOM codes were  conducted for the weeks of  August 
18-24, 2002 and October  20-26, 2002.  WRCN-FM's station  records 
failed to  show that  required monthly  tests of  the EAS  header 
codes, Attention Signal, Test Script, and EOM code were conducted 
for the months of August 2002, September 2002, and October  2002.  
Entries were  not  made  in  the station  records  of  EAS  tests 
received for  the  months of  August  2002, September  2002,  and 
October 2002,  for the  week  of September  1-7, 2002,  and  from 
September 15, 2002 to October  12, 2002, or reasons why  required 
monthly and weekly EAS tests were not received. 

     6.   Based on  the  evidence before  us,  we find  that,  IW 
willfully3 and repeatedly4  violated Sections  11.61(a)(2)(i)(A), 
11.61(a)(1)(i), 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 18-24, 2002  and October 20-26, 2002, failing  to 
conduct required monthly tests of the EAS header codes, Attention 
Signal, Test Script, and EOM code for the months of August  2002, 
September 2002, and October 2002, and log entries of reasons  why 
required monthly and weekly EAS  tests were not received for  the 
months of August 2002, September 2002, and October 2002, for  the 
week of  September 1-7,  2002,  and from  September 15,  2002  to 
October 12, 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'')5, 
sets the  base forfeiture  amount for  failure to  make  required 
measurements or conduct required  monitoring at $2,000, and  base 
forfeiture 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''),6  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  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules8,  IW 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),   11.61(a)(1)(i),   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,  IW 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. 200332380015 and FRN: 0003-7827-60. 

     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. 200332380015. 

     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. 20554.9

     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 IW Limited  Liability Company, Two Newton  Executive 
Park, Newton, MA 02462-1434, and a copy to Kaye Scholer LLP,  The 
McPherson Building, 901 Fifteenth Street, N.W., Washington,  D.C. 
20005.  

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

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.

547 C.F.R.  1.80.
6
47 U.S.C.  503(b)(2)(D).

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

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

9 See 47 C.F.R.  1.1914.