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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Nassau Broadcasting II, LLC ) File No. EB-09-PA-0100

   Licensee of Radio Station WVPO )

   Facility ID # 47423 ) NOV No. V200932400020

   Stroudsburg, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: September 8, 2009

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Nassau Broadcasting II, LLC, the
       licensee of radio station WVPO in Stroudsburg, Pennsylvania.

    2. On August 5, 2009, agents of the Commission's Philadelphia Office
       inspected radio station WVPO located in Stroudsburg, Pennsylvania and
       observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook..." A review of the station's EAS logs revealed
        that WVPO was monitoring station WVIA and the National Weather
        Service as its monitoring sources. However, the Pennsylvania State
        EAS Plan specifies that stations located in the Scranton EAS
        Operational Area, such as WVPO, must monitor stations WVIA on 89.9
        MHz and WGGY-FM on 101.3 MHz.

     b. 47 C.F.R. S:11.61(a)(2): "Required Weekly Tests: Analog and digital
        AM, FM and TV broadcast stations must conduct tests of the EAS header
        and EOM codes at least once a week at random days and times..."
        According to the station's EAS logs, WVPO failed to transmit any
        Required Weekly Tests between May 26, 2009 and August 4, 2009. There
        were no entries in the station logs indicating the reason why the
        tests were not conducted.

     c. 47 C.F.R. S:  73.1350(c)(2): "Monitoring equipment must be
        periodically calibrated so as to provide reliable indications of
        transmitter operating parameters with a known degree of accuracy." At
        the time of inspection, the modulation meter at the WPVO transmitter
        site indicated that the station's carrier wave modulation at times
        exceeded the 120% limit on positive peaks. The last calibration date
        on the modulation meter was July 7, 1997.

     d. 47 C.F.R. S:S: 73.1560(a) and (d): "The station's antenna input power
        must be maintained as near as practicable to the authorized antenna
        input power and may not be less than 90% nor more than 105% of the
        authorized power." At the time of inspection, WVPO was operating with
        a transmitter output power of 115 Watts or 46% of that authorized.

     e. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
        Class A TV station, except licensees of Class D non-commercial
        educational FM stations authorized to operate with 10 watts or less
        output power, must make equipment performance measurements for each
        main transmitter as follows: Annually, for AM stations, with not more
        than 14 months between measurements." At the time of inspection,
        there were no equipment performance measurements available for

     f. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for
        completion of the following duties... (3) Review of the station
        records at least once each week to determine if required entries are
        being made correctly. Additionally, verification must be made that
        the station has been operated as required by the rules or the station
        authorization. Upon completion of the review, the chief operator or
        his designee must date and sign the log, initiate any corrective
        action which may be necessary, and advise the station licensee of any
        condition which is repetitive."  Between June 9, 2009 and August 4,
        2009, the chief operator failed to sign and date the WVPO station
        logs at least once a week.

     g. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter. The list shall include a brief narrative
        describing what issues were given significant treatment and the
        programming that provided that treatment. The description of the
        programs shall include, but shall not be limited to, the time, date,
        duration, and title of each program in which the issued was treated."
        The issues/programs list for station WVPO failed to specify the time
        and date the programs were aired.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Nassau
       Broadcasting II, LLC, must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       must fully explain each violation, must contain a statement of the
       specific action(s) taken to correct each violation and preclude
       recurrence, and should include a time line for completion of pending
       corrective action(s). The response must be complete in itself and
       signed by a principal or officer of the licensee. All replies and
       documentation sent in response to this Notice should be marked with
       the File No. and NOV No. specified above, and mailed to the following

   Federal Communications Commission

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Nassau Broadcasting II, LLC at its
       address of record.

    5. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Gene J. Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission