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


In the Matter of                )        
                                )       File No. EB-03-NY-329
Crystal Coast Communications, Inc.      )
WRIV                            )       NAL/Acct. No. 
200432380009
Riverhead, NY                   )
                                )       FRN: 0009 6876 82


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  March 8, 2004

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

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that   Crystal  Coast  Communications,   Inc. 
(``Crystal''), licensee of  radio station,  WRIV, has  apparently 
violated Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii)  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 required station records of weekly EAS tests.  
We conclude that Crystal is apparently liable for a forfeiture in 
the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   On September 23, 2003, a Commission agent conducted  an 
EAS inspection of radio  station, WRIV, located  at 40 West  Main 
Street, Riverhead, NY 11901.   Based upon the agent's  inspection 
of WRIV's station records, it was determined that WRIV failed  to 
conduct required weekly tests of the EAS header and EOM codes for 
the weeks of March 9-29, 2003, April 13, 2003 to May 3, 2003, May 
11, 2003 to August 9, 2003, and August 24-30, 2003.  WRIV  failed 
to  maintain  station  records  of  required  weekly  EAS   tests 
transmitted for the weeks of March 9-29, 2003, April 13, 2003  to 
May 3, 2003, May  11, 2003 to August  9, 2003, and August  24-30, 
2003, and state reasons why EAS tests were not transmitted.

                        III.  DISCUSSION

     3.   Section  11.61(a)(2)(i)(A)   of  the   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.  WRIV's station records showed that required weekly  tests 
of the EAS header and EOM codes were not conducted for the  weeks 
of March 9-29, 2003, April 13, 2003 to May 3, 2003, May 11,  2003 
to August 9, 2003, and August 24-30, 2003.  

     4.   Section 73.1820(a)(1)(C)(iii) of the Rules requires all 
broadcast stations to make entries in station log of monthly  and 
weekly EAS tests transmitted and received.  Entries were not made 
in WRIV's station records of weekly EAS tests transmitted for the 
weeks of March 9-29, 2003, April 13, 2003 to May 3, 2003, May 11, 
2003 to August 9,  2003, and August 24-30,  2003, or reasons  why 
weekly EAS  tests were  not transmitted  as required  by  Section 
11.35(b)2.

     5.   Based on the evidence before us, we find that,  Crystal 
willfully3 and  repeatedly4 violated  Sections  11.61(a)(2)(i)(A) 
and 73.1820(a)(1)(C)(iii)  of the  Rules  by failing  to  conduct 
required weekly tests  of the EAS  header and EOM  codes for  the 
weeks of March 9-29, 2003, April 13, 2003 to May 3, 2003, May 11, 
2003 to August 9,  2003, and August 24-30,  2003, and failing  to 
log required entries  of reasons  why weekly EAS  tests were  not 
transmitted for the weeks of March 9-29, 2003, April 13, 2003  to 
May 3, 2003, May  11, 2003 to August  9, 2003, and August  24-30, 
2003.  

     6.   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,6 (``Act'')  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

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,7   and Sections 0.111, 0.311  and 1.80 of  the 
Rules8, Crystal 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 73.1820(a)(1)(C)(iii) of the Commission's Rules.

     8.   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, Crystal SHALL  PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.
     9.   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. 200432380009 and FRN: 0009 6876 82. 

     10.  Any response  to this  NAL must  be mailed  to  Federal 
Communications Commission,  Spectrum  Enforcement  Division,  445 
12th Street, S.W., Washington, D.C.  20554, and MUST INCLUDE  THE 
NAL/Acct. No. 200432380009. 

     11.  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.  

     12.  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

     13.  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 Spectrum Enforcement  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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Crystal Coast  Communications, Inc., P.O. Box  1390, 
Riverhead, NY 11901.  

                                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 73.1820(a)(1)(C)(iii).
2 47 C.F.R.  11.35(b).

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).
7
 47 U.S.C.  503(b)

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

9 See 47 C.F.R.  1.1914.