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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   WGBB-AM, Inc. ) File No. EB-09-NY-0313

   Licensee of AM Radio Station WGBB )

   Facility ID # 72091 )

   Babylon, New York ) NOV No. V201032380026

                              NOTICE OF VIOLATION

   Released: June 29, 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 WGBB-AM, Inc., licensee of AM radio station WGBB in
   Babylon, New York.

    2. On October 27, 2009, an agent of the Enforcement Bureau's New York

   inspected WGBB's main studio located at 404 Route 109, West Babylon, New
   York 11704, and observed the following violations:

     a. 47 C.F.R. S: 11.15: "The EAS Operating Handbook . . . must be located
        at normal duty positions or EAS equipment locations when an operator
        is required to be on duty and be immediately available to staff
        responsible for authenticating messages and initiating actions."  At
        the time of the inspection, the agent found that no EAS Operating
        Handbook was available. 

     b. 47 C.F.R. S:  73.3526(e)(1): The public inspection file shall contain
        a "copy of the current FCC authorization to construct or operate the
        station...." At the time of inspection, a copy of the authorization
        was not in the public inspection file.

     c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain
        a "copy of any service contour maps, submitted with any application
        tendered for filing with the FCC. . . ." At the time of the
        inspection, there was no service contour map in the public inspection
        file showing the station's community contour.

     d. 47 C.F.R. S: 73.3526(e)(5): The public inspection file shall contain
        a "copy of the most recent, complete ownership report filed with the
        FCC for the station, together with any statements filed with the FCC
        certifying that the current report is accurate, and together with all
        related material. These materials shall be retained until a new,
        complete ownership report is filed with the FCC, at which time a copy
        of the new report and any related materials shall be placed in the
        file."  At the time of inspection, a copy of the most recent
        ownership report was not in the public inspection file.

     e. 47 C.F.R. S: 73.3526(e)(6): The public inspection file shall contain
        a political file with "[s]uch records as are required by S: 73.1943
        to be kept concerning broadcasts by candidates for public office.
        These records shall be retained for the period specified in S:
        73.1943 (2 years)." At the time of inspection, no political file was
        in the public inspection file. In response to a Letter of Inquiry,
        WGBB-AM, Inc. reported that it provided broadcast time on one
        occasion in the two years prior to the agent's inspection and that it
        failed to include the one request for broadcast time in the public
        inspection file.

     f. 47 C.F.R. S:S: 73.1870(b)(3): "The licensee of each AM, FM, TV or
        Class A TV station must designate a person to serve as the station's
        chief operator. The designation must be in writing and posted with
        the station's license." The agent found no written designation of a
        chief operator for the station.

     g. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. .
        .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...." The agent
        observed that the logs were not signed and dated by the chief

     h. 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, the
        latest equipment performance measurement available for inspection was
        dated July 23, 2005.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,

   Section 1.89 of the Commission's Rules, WGBB-AM, Inc. 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 any pending corrective action(s). The response must be
   complete in itself  and signed by a principal or officer of WGBB-AM. 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

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to WGBB-AM, Inc. 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.


   Daniel W. Noel

   District Director

   New York District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

   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