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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jarad Broadcasting Company of Calverton, Inc. ) File No.
EB-03-NY-376
Licensee of Radio Station WXXP )
Garden City, NY ) NOV No. V20043238002
NOTICE OF VIOLATION
Released: October
29, 2003
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Jarad Broadcasting Company of Calverton, Inc. (``Jarad''),
licensee of radio station WXXP.
2. On October 15, 2003, agents of the Commission's New
York Office inspected the transmitting facilities of radio
station WXXP, located near Kimberly Ct., Manorville, New
York, and observed the following violation:
47 C.F.R. §73.1350(a): ``Each licensee is responsible
for maintaining and operating its broadcast station
in a manner which complies with the technical rules
set forth elsewhere in this part and in accordance
with the terms of the station authorization.'' The
license for station WXXP authorizes Jarad to operate
with an antenna radiation center above ground level
(RCAGL) of 90 meters. However, Jarad was operating
with an antenna RCAGL of approximately 132 meters.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Jarad must submit a written statement concerning this
matter within 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 pending corrective action(s). The
response must be complete in itself and signed by a
principal or officer of the owner with personal knowledge of
the matter. 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
4. This Notice shall be sent to Jarad Broadcasting Company
of Calverton, Inc., 1103 Stewart Avenue, Garden City, NY
11530.
5. The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.