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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-
NY-055
Licensee of Radio Station WTHE )
Teaneck, NJ ) NOV No.
V200532380021
NOTICE OF VIOLATION
Released: June 8,
2005
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
violation:
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,
2005.
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
COMMISSION
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.