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

In the Matter of                )
Nassau Broadcasting Holdings, Inc.           )    File No. EB-04-
Licensee of Radio Station WXPK  )
Facility ID #50056              )            NOV              No.  
White Plains, NY                )

                       NOTICE OF VIOLATION

                                             Released:  October 
29, 2004

By the District Director, New York Office, Northeast Region, 
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  Holdings,  Inc.,  licensee  of   radio 
     station WXPK.  

  2.      On October 20, 2004, an  agent of the Commission's  New 
     York Office  inspected  radio  station WXPK  located  at  56 
     Lafayette Avenue, Suite 365,  White Plains, New York  10603, 
     and observed the following violations:  

  2.a.      47  C.F.R     11.15  ``A   copy  of  the   [EAS 
            Operating] Handbook  must be  located at  normal 
            duty positions  or EAS equipment locations  when 
            an  operator is  required  to be  on  duty,  and 
            immediately available  to staff responsible  for 
            authenticating    messages    and     initiating 
            actions.''   During  the  inspection,  the   EAS 
            Handbook was not available.  

  2.b.      47 C.F.R.  73.3526(e)(8) ``[Every permittee  or 
            licensee of an AM,  FM or Class A TV station  in 
            the   commercial   broadcast   services    shall 
            maintain  a public  inspection file  containing] 
            at all times, a copy of the most recent  version 
            of   the   manual  entitled   ``The   Public   & 
            Broadcasting.''  At  the  time  of   inspection, 
            ``The Public  and Broadcasting'' manual was  not 
            available in the public inspection file.  

  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  Holdings, Inc.  must  submit  a 
     written statement concerning this matter within twenty  (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.  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 

                 Federal Communications Commission
                 New York Office
                 201 Varick Street, Suite 1151
                 New York, NY  10014

  4.      This  Notice  shall  be  sent  to  Nassau  Broadcasting 
     Holdings, Inc., 619 Alexander Road, 3rd Floor, Princeton, NJ 

  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 

                                Daniel W. Noel
                                District Director
                                New York Office
                                Northeas Region
                                Enforcement Bureau


147 C.F.R.  1.89.

247 U.S.C.  308(b).
3P.L. 93-579, 5 U.S.C.  552a(e)(3).

418 U.S.C.  1001 et seq.