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

In the Matter of                )
Western NY Public Broadcasting Association   )    File No. EB-04-
Owner of Tower # 1033427        )
Olean, New York                 )            NOV              No.  
Attention: Mr. Donald K. Boswell/President   )

                       NOTICE OF VIOLATION

                                             Released:  February 
18, 2004

By the Resident Agent, Buffalo Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Western   New   York    Public   Broadcasting    Association 
     (``WNYPBA''), owner of Tower # 1033427.

  2.      On January 26, 2004 Resident Agent, Gene Stanbro,  from 
     the Buffalo Office  visually inspected tower  # 1033427  and 
     with preliminary and subsequent investigation, observed  the 
     following violations:
  2.a.      47  C.F.R.   17.47(a)(1):  ``The  owner of  any 
            antenna structure  which is registered with  the 
            Commission  and   has  been  assigned   lighting 
            specifications referenced  in this part:   Shall 
            make an  observation of the antenna  structure's 
            lights  at  least  once  each  24  hours  either 
            visually or  by observing an automatic  properly 
            maintained  indicator designed  to register  any 
            failure of such lights, to insure that all  such 
            lights are functioning properly as required:  or 
            alternatively, .....''  WNYPBA does not have  an 
            automated system  and the  only record  provided 
            to the Buffalo  Office was the statement of  Mr. 
            Hal Elsigan reporting the lights were  operating 
            on January 16,  2004, contradicting a report  of 
            light  outage  by  the  Olean,  New  York   Fire 
            Department,  reporting tower  #  1033427  lights 
            were out on  January 16, 2004.  The lights  were 
            not functioning on the date of inspection.

  2.b.      47 C.F.R.  17.49:  ``The owner of each  antenna 
            structure   which   is   registered   with   the 
            Commission  and   has  been  assigned   lighting 
            specifications  referenced  in  this  part  must 
            maintain a record  of any observed or  otherwise 
            known extinguishment or improper functioning  of 
            a  structure  light and  include  the  following 
            information for each such event:

               (a)   The  nature of  each extinguishment  or 
               improper functioning.
               (b)  The date and time the extinguishment  or 
               improper            operation             was                    
               observed or otherwise noted.
               (c)   Date and time  of FAA notification,  if 
               (d)    The   date,   time   and   nature   of 
               adjustments, repairs, or replacements made.''

            WNYPBA  was  unable  to  produce  a   maintained 
            record  of  the date,  time  or  nature  of  any 
            extinguishment or improper functioning of  tower 
            #  1033427   or  the   nature  of   adjustments, 
            repairs,  or  replacements made  to  the  tower.  
            WNYPBA  only produced  a statement  of the  last 
            time the  tower lights  were observed  on and  a 
            number  for  the NOTAM  opened  on  January  22, 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Western  New  York  Broadcasting  Association,  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  licensee  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
                 Room 1307 Federal Building
                 111 W. Huron Street
                 Buffalo, New York 14202

  4.      This Notice shall  be sent to  Western New York  Public 
     Broadcasting Association,  Horizon  Plaza,  P.O.  Box  1263, 
     Buffalo, New York 14240

  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 

                                Gene J. Stanbro
                                Resident Agent
                                Buffalo 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.