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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                )       File Number: EB-02-BF-
Radio Lake Placid, Inc.          )       178
WIRD                             )               EB-02-BF-179
WLPW                             )
Lake Placid, New York            )
                                )       NAL/Acct. No. 
                                ) 200332280001

                                        FRN: 0003 7652 52


                                        Released: October 3, 2002

By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Radio Lake Placid,  Inc., (``RLP''), licensee of  radio 
stations WIRD and WLPW, has apparently violated Section  11.35(a) 
of  the  Commission's  Rules  and  Regulations  (``Rules'')1,  by 
failing to have installed  an operational Emergency Alert  System 
(``EAS'').   We  conclude  that  RLP  is  apparently  liable  for 
forfeiture in the amount of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On July 2, 2002, Resident  Agent Gene Stanbro from  the 
Commission's Buffalo  Office inspected  Radio Stations  WIRD  and 
WLPW in Lake Placid,  New York.  At the  time of inspection  WIRD 
and WLPW had no EAS equipment installed at the main studio.

     3.   On  July  10,  2002,  the  Buffalo  Office  issued  two 
Official Notices  of Violation  (``NOV'') to  RLP for  violations 
found during the July 2,  2002, inspection.  Agent Stanbro  cited 
Radio Lake Placid  for non-compliance with  Section 11.35 of  the 

     4.   On  July  16,  2002,  the  Buffalo  Office  received  a 
response from RLP dated  July 15, 2002.  RLP acknowledged in  its 
response that it had failed  to comply with the Commission's  EAS 
requirements, and detailed corrective steps that it had taken  to 
eliminate  the  violations  (e.g.,   repair  and  reinstall   the 

                        III.  DISCUSSION

     5.   Section 11.35(a) of the Rules states that stations  are 
responsible for  ensuring that  EAS  encoders, EAS  Decoders  and 
Attention Signal generating and receiving equipment used as  part 
of the EAS are installed so that the monitoring and  transmitting 
functions are  available during  the times  the stations  are  in 

     6.   Based on  the  evidence before  us,  we find  that  RLP 
willfully2 and repeatedly3 violated Section 11.35(a) of the rules 
by failing to have an  operational EAS system.  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')4, sets  the base forfeiture  amount at  $8000 
for failure to  install and have  operational EAS equipment.   In 
assessing the  monetary  forfeiture  amount, we  must  take  into 
account the statutory factors  set forth in Section  503(b)(2)(D) 
of the Communications Act of  1934 (``Act''), as amended,5  which 
include the  nature, circumstances,  extent, and  gravity of  the 
violation, and  with  respect  to the  violator,  the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such matters  as justice may  require.  The record  reveals 
that RLP does  have an overall  history of compliance.   However, 
the violations  are egregious.   Applying the  Forfeiture  Policy 
Statement and  the  statutory factors  to  the instant  case  and 
applying the  inflation adjustments,  we  believe that  an  eight 
thousand dollar ($8,000) monetary forfeiture is warranted. 

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6, and Sections  0.111, 0.311 and  1.80 of  the 
Rules7, Radio  Lake  Placid,  Inc.  is  hereby  NOTIFIED  of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  eight 
thousand dollars ($8,000) for  willful and repeated violation  of 
Section 11.35(a) of the Commissions Rules.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Radio Lake  Placid, Inc.,  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     9.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332280001 and FRN: 0003 7652 52.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. 200332280001.

     11.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554. 8 

     13.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent to  the [relevant  Division].   Your 
certification should indicate whether you, including your  parent 
entity and  its subsidiaries,  meet one  of the  definitions  set 
forth in the list provided by the FCC's Office of  Communications 
Business Opportunities (OCBO) set forth  in Attachment A of  this 
Notice of Apparent Liability.  This information will be used  for 
tracking purposes only.  Your response  or failure to respond  to 
this  question  will   have  no   effect  on   your  rights   and 
responsibilities pursuant to Section 503(b) of the Communications 
Act.  If  you have  questions regarding  any of  the  information 
contained in Attachment A, please contact OCBO at (202) 418-0990.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to Radio  Lake  Placid, Inc.,  17  Wilmington 
Road, Lake Placid New York 12946.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Gene J. Stanbro
                              Resident Agent
                              Buffalo, New York Office

1 47 C.F.R.  11.35(a).

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provide that       ``the 
term `willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any intent to 
violate any provision of this Act....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he term ``repeated'', when used with reference to 
the commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.

447 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b)

7 47 C.F.R.  0.111, 0.311, and 1.80.

8  See 47 C.F.R.  1.1914.