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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   New York University. ) File No. EB-10-NY-0261

   Licensee of FM Radio Station WNYU )

   Facility ID # 48695 )

   New York, New York ) NOV No. V201032380024

                              NOTICE OF VIOLATION

   Released: June 22, 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 New York University, licensee of FM
       radio station WNYU in New York, New York. This Notice may be combined
       with a further action, if further action is warranted.

    2. On May 20, 2010, an agent of the Enforcement Bureau's New York Office
       inspected WNYU's main studio located at 5-11 University Place, New
       York, NY 10003, and observed the following violation:

   47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records,
   as specified in S:S: 11.35(a) and 11.54(b)(13)." The station records did
   not contain entries for weekly tests conducted during the weeks of January
   31, 2010, February 21 and 28, 2010 and March 14, 2010 The station records
   also did not contain an entry of the monthly test received and
   retransmitted for the month of February 2010. The broadcast station
   records contained no reasons why the weekly tests were not conducted and
   why the monthly test was not received and retransmitted.

    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, New York 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
       New York 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 New York University with personal knowledge
       of the representations provided in New York 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 New York 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