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


In the Matter of                )
                                )       File No. EB-03-NY-376
Jarad Broadcasting Company of Calverton, Inc.     )
WDRE, formerly WXXP             )       NAL/Acct. No. 
200432380011
Garden City, New York           )
                                )       FRN: 0003 5063 18


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   May 19, 2004

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

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Jarad Broadcasting Company of  Calverton, 
Inc.  (``Jarad''),  the  licensee  of  radio  station  WDRE,  has 
apparently violated  Section 73.1350(a) of the Commission's Rules 
(the  ``Rules''),1  by  operating  with  an   excessive   antenna  
height.  This  section  requires  that  a  licensee  operate  its 
broadcast station in  accordance with  the terms  of the  station 
authorization.  We conclude that Jarad is apparently liable for a 
forfeiture in the amount of five thousand dollars ($5,000).

                         II.  BACKGROUND

     2.   On September 26, 2003, the FCC New York Office received 
a complaint  which  alleged  that Jarad  was  operating  with  an 
excessive antenna height.

     3.   On October  15, 2003,  Commission agents  from the  New 
York Office inspected Jarad's transmitting facilities, located in 
Manorville, New York.  The inspection was conducted with  Jarad's 
president,  John  Caracciolo,  and  chief  engineer,  Ron  Reeve.  
During  the  inspection,   the  agents   observed  that   Jarad's 
transmitting antenna was mounted at a height of approximately 132 
meters above ground level.  The station's license (File No.  BLH-
20020520AAF) authorized Jarad to  operate with an antenna  height 
of 90 meters.

     4.   On October  29,  2003, the  New  York Office  issued  a 
Notice of  Violation (No.  V20043238002) to  Jarad for  operating 
with an antenna  height in  excess of its  authorized height,  in 
violation of Section 73.1350(a) of the Rules.

     5.   On November 18,  2003, the New  York Office received  a 
reply to the Notice of Violation, in which Jarad acknowledged the 
violation and stated that they raised the antenna height, without 
Commission authorization, in response to residents' complaints of 
interference to consumer electronic equipment in the vicinity  of 
the transmitting tower.  The response  stated that on October  9, 
2003, Jarad requested Special Temporary Authority (``STA'')  from 
the FCC's Audio  Division to  reduce power  and increase  antenna 
height, in order to eliminate  the interference to nearby  homes.  
The response also stated  that on November  3, 2003, the  antenna 
was returned to its authorized height of 90 meters above  ground.  
A review of the Commission's records showed no evidence that  the 
FCC had granted Jarad a STA or any other authorization to operate 
with an  antenna height  other than  that stated  on the  station 
license.

     6.   On December  4,  2003,  the New  York  office  obtained 
copies of Jarad's Antenna Site Agreement and Tenant  Installation 
Notice for the tower they  rent, showing that they installed  the 
antenna at a height of 134 meters above ground level on March 27, 
2002.

     7.   Jarad's call sign was WXXP for facility ID 31754 at the 
time of complaint and the subsequent FCC inspection conducted on 
October 15, 2003.  A review of the Commission's records showed 
that Jarad's call sign was changed from WXXP to WDRE on January 
12, 2004.

                        III.  DISCUSSION

     8.   Section 73.1350(a)  of  the Commission's  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 
October 15, 2003,  agents observed  that Jarad  operated with  an 
antenna  height  of  approximately  132  meters,  exceeding   its 
authorized antenna height of 90  meters, in violation of  Section 
73.1350(a) of the Rules.  Information obtained subsequent to  the 
inspection shows  that  they  had  operated  in  violation  since 
antenna installation on March 27, 2002.

     9.   Based on the  evidence before  us, we  find that  Jarad 
willfully2 and  repeatedly3 violated  Section 73.1350(a)  of  the 
Rules by  operating with  an  excessive antenna  height,  thereby 
failing to operate its broadcast  station in accordance with  the 
terms of the station authorization.

     10.  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 exceeding  the  authorized 
antenna height at $5,000.   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,5 (``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  five thousand  dollar  ($5,000) 
monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6, and Sections  0.111, 0.311 and  1.80 of  the 
Rules7, Jarad is hereby NOTIFIED of its APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of five  thousand dollars ($5,000)  for 
willful and  repeated  violation  of Section  73.1350(a)  of  the 
Rules.

     12.  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,  Jarad SHALL  PAY the full  amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     13.  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. 200432380011 and FRN: 0003 5063 18. 

     14.  Any response  to this  NAL must  be mailed  to  Federal 
Communications Commission, New  York Office,  201 Varick  Street, 
New  York,  NY  10014,  and   MUST  INCLUDE  THE  NAL/Acct.   No. 
200432380011. 

     15.  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.  

     16.  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

     17.  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  Federal   Communications 
Commission, Enforcement  Bureau, Spectrum  Enforcement  Division, 
445 12th Street, S.W., Washington, D.C. 20554  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.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Jarad Broadcasting Company of Calverton, Inc.,  1103 
Stewart Avenue, Garden City, NY 11530.

                                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.  73.1350(a).

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

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

8 See 47 C.F.R.  1.1914.