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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Universal Broadcasting of New York, Inc. ) File No. EB-09-NY-0350

   Licensee of AM Radio Station WTHE )

   Facility ID # 68957 )

   Mineola, New York ) NOV No. V201032380011

                              NOTICE OF VIOLATION

   Released: March 8, 2010

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Universal Broadcasting of New York,
       Inc., licensee of AM radio station WTHE in Mineola, New York. This
       Notice may be combined with a further action, if further action is

    2. On December 2, 2009, an agent of the Enforcement Bureau's New York
       Office inspected WTHE's main studio located at 260 E. 2nd Street,
       Mineola, NY 11501, and observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and
        wireless cable systems 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. . .
        ." The agent found that station WTHE was monitoring only one of its
        assigned EAS sources.

     b. 47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant
        records, as specified in Sections 11.35(a) and 11.54(b)(13)." The
        agent found that entries were not made in the EAS logs to show
        Required Weekly Tests ("RWT") received and Required Monthly Tests
        ("RMT") received or sent from July 1, 2009 to November 30, 2009.
        There were no entries in the station logs indicating the reasons why
        the required EAS tests were not received or sent.

     c. 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, no
        equipment performance measurements were available for inspection, as
        required by 47 C.F.R. S: 73.1590(d).

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees. Pursuant
       to Section 403 of the Communications Act of 1934, as amended, and
       Section 1.89 of the Commission's Rules, we seek additional information
       concerning the violation(s) and any remedial actions the station may
       have taken.  Therefore, Universal Broadcasting of New York, Inc. must
       submit a written statement concerning this matter within twenty (20)
       days of release of this Notice. The response (i) must fully explain
       each violation, including all relevant surrounding facts and
       circumstances, (ii) must contain a statement of the specific action(s)
       taken to correct each violation and preclude recurrence, and (iii)
       must include a time line for completion of any pending corrective
       action(s). The response must be complete in itself  and must not be
       abbreviated by reference to other communications or answers to other

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Universal Broadcasting of New York, Inc. to support its response to
       this Notice with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of Universal Broadcasting of
       New York, Inc. with personal knowledge of the representations provided
       in Universal Broadcasting of New York, Inc.'s response, verifying the
       truth and accuracy of the information therein, and confirming that all
       of the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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 address:

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    6. This Notice shall be sent to Universal Broadcasting of New York, Inc.
       at its address of record.

    7. 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.


   Daniel W. Noel

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

                       Federal Communications Commission


                       Federal Communications Commission