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 )


   6 Johnson Road Licenses, Inc. ) File Nos. EB-10-NY-0278

   Licensee of FM Radio Stations WHUD and WSPK ) EB-10-NY-0279

   Facility ID #s 54854 and 19630 ) EB-10-NY-0280

   Licensee of AM Radio Stations WLNA and WBNR ) EB-10-NY-0281

   Facility ID #s 54852 and 19629 )

   Latham, New York ) NOV No. V201032380025


                              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 6 Johnson Road Licenses, Inc.,
       licensee of FM radio stations WHUD and WSPK and AM radio stations WLNA
       and WBNR in Beacon, New York. This Notice may be combined with a
       further action, if further action is warranted.

    2. On June 3, 2010, an agent of the Enforcement Bureau's New York Office
       inspected the main studios of stations WHUD, WSPK, WLNA and WBNR,
       which are co-located at 715 Route 52, Beacon, New York, NY 12508, 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)." At the time of
   inspection, the EAS logs for the EAS equipment shared by stations WHUD and
   WLNA contained no entries documenting the retransmission of the monthly
   test during the month of April 2010. The EAS logs for the EAS equipment
   shared by stations WSPK and WBNR contained no entries documenting the
   retransmission of the monthly tests during the months of March 2010 and
   April 2010. The stations' records contained no reasons why the monthly
   tests were not 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, 6 Johnson Road Licenses, 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 notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct 6
       Johnson Road Licenses, 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 6 Johnson Road Licenses, Inc. with
       personal knowledge of the representations provided in 6 Johnson Road
       Licenses, 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 6 Johnson Road Licenses, 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