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

In the Matter of                )
Nassau Broadcasting II, L.L.C.  )            File  No.  EB-04-NY-
Licensee of Radio Station WCHR  )
Facility ID # 28130             )            NOV No. V20043238015
Flemington, NJ                  )

                       NOTICE OF VIOLATION

                                             Released:  May 21, 

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 
     Nassau Broadcasting II,  L.L.C., licensee  of radio  station 

  2.      On May 14, 2004, an agent of the Commission's New  York 
     Office inspected radio station WCHR, licensed to Flemington, 
     New Jersey, and observed the following violation(s):

  2.a.      47 C.F.R.    73.62(b)(3):  ``If any  monitoring 
            point exceeds its specified limit, the  licensee 
            must either  terminate operation within 3  hours 
            or   reduce  power   in  accordance   with   the 
            applicable  provisions of  73.1350(d), in  order 
            to eliminate any possibility of interference  or 
            excessive radiation in any direction.''   During 
            the inspection  and while in daytime  operation, 
            the  field  strength of  the  50  degree  radial 
            monitoring point was  found to be 58 mV/m.  This 
            is 120.8 %  of the maximum field strength  value 
            listed on the license.    

  2.b.      47 C.F.R.   73.1820(a)(1)(iii): ``Entries  must 
            be made  in the station  log...An entry of  each 
            test  and  activation  of  the  Emergency  Alert 
            System   (EAS)...''  During   the  period   from 
            January 28, 2004 to May 12, 2004, there were  no 
            entries  of EAS  received tests.   There was  no 
            explanation   for  why   EAS  tests   were   not 

  2.c.      47  C.F.R.    11.61(a)(2)(i)(A):    ``Effective 
            January 1,  1997, AM, FM,  and TV stations  must 
            conduct tests  of EAS  header and  EOM codes  at 
            least once  a week at  random days and  times.''  
            The  EAS   printouts  showed  that  the   weekly 
            transmits  from  January 28,  2004  to  May  12, 
            2004,  were  each transmitted  on  Wednesday  at 
            3:25 a.m.  and were therefore  not conducted  on 
            random days and at random times. 

  2.d.      47  C.F.R.   73.1870(b)(3):  ``The  designation 
            of the chief operator must be in writing with  a 
            copy of the designation posted with the  station 
            license.''   At the time of the inspection,  the 
            station did  not have a  written designation  of 
            the chief operator.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Nassau Broadcasting II, L.L.C., 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
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY 10014

  4.      This Notice shall  be sent to  Nassau Broadcasting  II, 
     L.L.C., Radio Station WCHR,  619 Alexander Road, 3rd  Floor, 
     Princeton, NJ 08540.   

  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.