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

In the Matter of                )
Universal Broadcasting of New York, Inc.     )    File No. EB-05-
Licensee of Radio Station WTHE  )            
Teaneck, NJ                     )            NOV              No. 

                       NOTICE OF VIOLATION

                                             Released:  June 8, 

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 
     Universal Broadcasting  of New  York, Inc.  (``Universal''), 
     licensee of radio station WTHE, Teaneck, New Jersey.

  2.      On March 3, 2005, an agent of the Commission's New York 
     Office monitored  radio station  WTHE, located  at 260  East 
     Second Street, Mineola, New York and observed the  following 

          47  C.F.R.  73.1745(a):  ``No  broadcast  station 
          shall operate at  times, or with  modes or  power, 
          other than those specified and made a part of  the 
          license, unless otherwise provided in this part.'' 
          The agent observed that the station transmitted in 
          an unauthorized mode for over 45 minutes.

  3.      On April 14,  2005, an  agent of  the Commission's  New 
     York Office inspected  radio station, WTHE,  located at  260 
     East Second  Street,  Mineola,  New York  and  observed  the 
     following violations:

a.        47 C.F.R.  11.61(b):  ``Entries shall be made  in 
          broadcast station ...  records as  specified in   
          11.54(b)(12).''   A  review  of  station   records 
          showed that WTHE failed to log monthly tests  from 
          January 1 to  March 31,  2005, and  failed to  log 
          weekly tests  from  two  monitoring  sources  from 
          January 1 to March 31, 2005.

b.        47  C.F.R.    73.1870(c)(3):   ``Review  of   the 
          station logs at least once each week to  determine 
          if required  entries  are  being  made  correctly.  
          Additionally, verification must  be made that  the 
          station has been operated as required by the rules 
          or the station authorization.  Upon completion  of 
          the review,  the chief  operator or  his  designee 
          must  date  and   sign  the   log,  initiate   any 
          corrective action  which  may  be  necessary,  and 
          advise the station licensee of any condition which 
          is repetitive.''   The  chief operator  failed  to 
          sign and date  logs from  January 1  to April  13, 

  4.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Universal 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  an  officer  of  Universal.   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

  5.      This Notice shall be sent to Universal Broadcasting  of 
     New York, Inc. at its address of record.

  6.      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
                                Northeast Region
                                Enforcement Bureau


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.