Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Seton Hall University. ) File No. EB-10-NY-0250

   Licensee of FM Radio Station WSOU )

   Facility ID # 59707 )

   South Orange, New Jersey ) NOV No. V201032380019

                              NOTICE OF VIOLATION

   Released: May 28, 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 Seton Hall University, licensee of
       FM radio station WSOU in South Orange, New Jersey. This Notice may be
       combined with a further action, if further action is warranted.

    2. On May 6, 2010, an agent of the Enforcement Bureau's New York Office
       inspected WSOU's main studio located at 400 South Orange Avenue, South
       Orange, NJ 07079, and observed the following violations:

   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. . . ." At the time of
   inspection, the agent determined that WSOU was monitoring only one source.

    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. 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, Seton Hall University 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 notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Seton Hall University to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Seton Hall University with personal knowledge
       of the representations provided in Seton Hall University'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 Seton Hall University at its address of

    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