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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   State University of New York ) File No.: EB-FIELDNER-13-00009664

   )

   Licensee of FM Station WRVO ) NOV No.: V201332400034

   )

   Oswego, New York ) Facility ID: 63115

   )

   NOTICE OF VIOLATION

   Released: July 24, 2013

   By the District Director, Philadelphia Office, Northeastern Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to State University of New York,
       licensee of FM Station WRVO in Oswego, New York. Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation noted
       herein.^

    2. On June 27, 2013, in response to an interference complaint affecting
       FAA frequency 123.0 MHz, agents of the Enforcement Bureau's
       Philadelphia Office conducted an investigation and observed the
       following violation:

   47 C.F.R. S 73.317(d): "Any emission appearing on a frequency removed from
   the carrier by more than 600 kHz must be attenuated at least 43 + 10 log10
   (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB,
   whichever is the lesser attenuation." Agents from the Philadelphia Office
   found that FM Station WRVO 89.9 MHz was generating a spurious emission
   that exceeded the emission mask limit and was causing harmful interference
   to the FAA Common Traffic Advisory Frequency 123.0 MHz used at the Oswego
   County Airport.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violation and any remedial actions taken.
       Therefore, State University of New York 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 Rules, we direct State
       University of New York to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of State University of New York with personal
       knowledge of the representations provided in State University of New
       York'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

   Philadelphia Office

   One Oxford Valley Building Office, Suite 404

   2300 E. Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to State University of New York 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia District Office

   Northeastern Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ 47 U.S.C. S 308(b).

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

   ^ Section 1.16 of the 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

   3

   Federal Communications Commission