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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-
NY-265
Licensee of Radio Station WXPK )
Facility ID #50056 ) NOV No.
V20053238007
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
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
Holdings, Inc., 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
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.