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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Minority Business & Housing                                             
     Development, Inc.                       )        File No. EB-06-NY-275  
                                                                             
     Licensee of Station WYGG                )   NAL/Acct. No. 200832380002  
                                                                             
     Asbury Park, New Jersey                 )             FRN:  0007512528  
                                                                             
     Facility ID # 19867                     )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released:  December 20, 2007

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Minority Business & Housing Development, Inc. ("MBHD"), licensee
       of FM radio station WYGG in Asbury Park, New Jersey, apparently
       willfully and repeatedly violated Section 1.1310 of the Commission's
       Rules ("Rules), by failing to comply with radio frequency radiation
       ("RFR") maximum permissible exposure ("MPE") limits applicable to
       facilities, operations, or transmitters; Section 73.1350(a) of the
       Rules, by operating with an excessive antenna height from an
       unauthorized location; and Section 73.3527(a) of the Rules, by failing
       to maintain a public inspection file. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       MBHD is apparently liable for forfeiture in the amount of twenty-five
       thousand dollars ($25,000). We also admonish MBHD for failing to post
       its station license, failing to maintain a station log, and failing to
       designate a chief operator, as required under Sections 73.1230,
       73.1800, 73.1820, and 73.1870 of the Rules.

   II. BACKGROUND

    2. WYGG's station license (File No. BLED-19940304KZ) authorizes WYGG to
       operate with an antenna height of 14 meters above ground level ("AGL")
       at the coordinates 40DEG 13' 01'' north latitude and 074DEG 00' 33''
       west longitude. The station license also provides that the licensee
       must "reduce power or cease operation as necessary to protect persons
       having access to the site, tower or antenna from radiofrequency
       electromagnetic fields in excess of FCC guidelines." On its most
       recent license renewal application (File No. BRED-20060125AGT) for
       station WYGG, granted May 24, 2006, MBHD certified that there had been
       FCC violations during the preceding license term, and indicated that
       it had implemented steps to correct the violations. MBHD also
       certified on the application that the documentation required by the
       Rules has been placed in the station's public inspection file, and
       that its facility complies with the maximum permissible radiofrequency
       electromagnetic exposure limits for controlled and uncontrolled
       environments.

    3. On November 16, 2006, an agent from the Commission's New York Office
       monitored WYGG using a standard FM car radio and observed that the
       station could be heard from a distance of approximately 20 miles away,
       which was significantly further than the station's predicted coverage
       area. Using an FCC direction finding vehicle, the agent monitored
       station WYGG on 88.1 MHz, and found that the station was operating
       from an antenna mounted on the roof of 601 Bangs Avenue, Asbury Park,
       New Jersey 07712, at coordinates 40DEG 13' 01'' north latitude and
       074DEG 00' 36'' west longitude, approximately 83 meters west of the
       station's authorized location. The antenna was mounted at a height of
       43.9 meters AGL, which exceeded its authorized antenna height by 29.9
       meters. The Enforcement Bureau previously issued a forfeiture in the
       amount of thirteen thousand dollars ($13,000) to MBHD for, inter alia,
       operating WYGG from this unauthorized location at the same
       unauthorized antenna height.

    4. After identifying the station's location, the agent then entered the
       building located at 601 Bangs Avenue and identified himself to the
       front desk clerk. The clerk indicated that he had a key to the roof
       and contacted the building manager, who escorted the agent to the
       roof. To access the roof, it was necessary to unlock a padlocked door
       that led into a poorly illuminated elevator equipment room, which was
       followed by an unlocked door leading outside to the lower level of the
       roof. The roof had an upper level, which could only be accessed by
       climbing a ladder mounted on the side wall. The agent observed WYGG's
       transmitting antenna approximately 8 feet above the upper roof level
       mounted on a pole approximately 3 feet away from the top of the
       ladder. The agent also observed a set of cellular antennas mounted on
       the side wall around the edges of the upper roof, and a set of 8 thick
       cables laid across the upper roof within several feet of WYGG's
       antenna. Using a personal RF safety monitor, the agent determined that
       there was an area near the top of the ladder leading to the upper roof
       that met or exceeded the general population RFR MPE limits. There were
       no warning signs or barriers on the rooftop to prevent access to the
       area in question. The agent observed WYGG's transmitter operating at
       an output power of 240 watts. In response to questions, the building
       manager stated that workers routinely gain access to the roof by
       obtaining a key from the front desk or the office on the 11th  floor
       and that workers recently accessed the roof to work on the cellular
       equipment. She also stated that she was unaware of any RFR hazards on
       the roof.

    5. Immediately after the rooftop inspection on November 16th, the agent
       inspected WYGG's main studio, located on the 7th floor of the
       building. During the inspection, the agent observed that there was no
       public file, no chief operator designation, no station license posted,
       and very few station logs. The agent observed in the station's records
       a 2-year lease agreement which commenced on April 1, 2005, between the
       building owner and WYGG's station manager, for the lease of 601 Bangs
       Avenue, Suite 705. The lease also specified the installation of one
       antenna on the roof. During the 2002 investigation, building
       management for 601 Bangs Avenue stated that, based on engineering
       drawings, the WYGG antenna was mounted on the roof of the building 144
       feet (43.9 meters) above ground level, which exceeds its authorized
       antenna height by 29.9 meters. The agent advised the station manager
       that MBHD was in violation of the FCC's Rules for operating from an
       unauthorized location and height, for excessive levels of RFR on the
       rooftop, for not having a public file, and detailed other violations
       found. The agent informed the station manager that these were many of
       the same violations for which MBHD received an NOV and forfeiture in
       2002. The station manager admitted that the station did not have a
       public inspection file, that there was no designated chief operator,
       and that their contract engineer, who comes by occasionally, is the
       only one who knows anything about the transmission system or knows how
       to operate the EAS equipment. The manager stated that he was not aware
       of the RFR issue and he made no mention of any signs posted or
       procedures to follow regarding RFR.

    6. On November 20, 2006, agents from the Commission's New York and
       Philadelphia Offices conducted a RFR survey of radio station WYGG on
       the rooftop of 601 Bangs Avenue, Asbury Park, New Jersey. Agents
       contacted building management, who instructed the agents to obtain the
       key for the padlocked door from the office on the 11th floor. After
       opening the padlocked door that led into the elevator equipment room,
       the agents observed two small, inconspicuous signs near the unlocked
       door that led to the rooftop. One was a small RFR sign posted to the
       left of the door by a wireless service provider indicating that the
       RFR levels may exceed FCC Standards for general public exposure. The
       sign did not indicate which areas on the roof exceeded the public or
       general population limits. The second was a small white paper sign
       glued to the right of the access door advising of a "radio frequency
       hazard" and that "anyone who has to climb the ladder to the top out of
       this door please contact the radio station on 7th floor suite 705."
       Two phone numbers for the station were listed on the sign. Neither
       warning sign was clearly visible because the elevator equipment room
       was not illuminated. The view of the small white sign to the right of
       the access door was blocked by a large piece of electrical equipment.

    7. The agents then proceeded to the upper rooftop to conduct RFR
       measurements. There were still no warning signs or barriers on the
       rooftop to prevent access to hazardous areas. Using a calibrated RFR
       meter, the agents determined that the occupational and general
       population limits were exceeded in an area about 5 feet around WYGG's
       antenna support pole. The agents made a total of 12 spatially averaged
       measurements one foot from WYGG's antenna support pole at a single
       location where the highest RFR levels were detected. The measurements
       showed that the RFR level was 158% of RFR MPE occupational limit, and
       790% of the general population RFR MPE limit, or 1.58 mW/cm2

    8. Immediately after making the RFR measurements, an agent contacted the
       station manager at one of the numbers listed on the warning sign in
       order to determine whether WYGG was able to comply with the station
       license's requirement that the "licensee must reduce power or cease
       operation to protect persons having access to the site, tower or
       antenna from radiofrequency electromagnetic fields in excess of FCC
       guidelines." The agent stated to the station manager that workers were
       about to go on the roof and asked the manager if there were any
       hazards for persons working on the upper level roof. The manager
       indicated that there were no hazards on the roof but that the workers
       should not go too close to the antenna. The agent repeatedly informed
       the manager that men would be working near the antenna on the upper
       roof and asked if there would be a problem. The manager stated that
       the antenna has been up there for 5 or 6 years and that people had
       worked on the roof before and nothing happened. The agent called the
       manager back about 10 minutes later, explained that he was still
       concerned about RFR from the antenna, and asked if it would be
       possible to temporarily turn off the power to the station so that the
       men could work safely on the roof. The manager said that he would ask
       the station operators to turn off the station. A few minutes later,
       the manager called the agent back and said he was going to the station
       himself to turn off the station. Shortly thereafter, the manager
       called the agent again, stating that he was at the studio and was
       turning off the station for 30 minutes. The agent asked the manager if
       it would be safe for the men to go to the upper roof, and the manager
       said that it would. The agents then observed that the radio
       transmitter for station WYGG was still active and operating with an
       output power of 240 watts.

    9. Several minutes later, the station manager came to the rooftop. When
       agents asked why the power to the station was not turned off after he
       agreed to do so, the manager explained that he thought that turning
       off the audio to the radio station was sufficient. The agents
       explained that the transmitter itself must be turned off in order to
       eliminate the RFR emanating from the antenna. After the WYGG
       transmitter was turned off, the agents conducted additional RFR
       measurements in the same location under WYGG's antenna with the
       calibrated RFR meter. No RFR emissions were detected when station WYGG
       was off the air, which indicated that WYGG was responsible for 100% of
       the emissions measured earlier. Therefore, the RFR emissions from WYGG
       were 158% of RFR MPE occupational limit, and 790% of the general
       population RFR MPE limit, or 1.58 mW/cm2. The agents explained to the
       manager that the RFR levels due to WYGG's transmission exceeded the
       occupational and general population MPE limits, creating an RFR
       hazard, and that the problem should be addressed as soon as possible.
       The agents also advised the manager that, in addition to the RFR
       violations, the station was still in violation for operating at an
       unauthorized location and height.

   10. On November 21, 2006, an agent from the New York Office called the
       licensee, MBHD, and spoke to MBHD's Executive Director, Dr. Philius
       Nicholas. The agent explained all the violations found and noted that
       these were some of the same violations cited in the NOV and NAL issued
       in 2002. Dr. Nicholas stated that he previously submitted an
       application to move WYGG to 601 Bangs Avenue, at an increased height
       and lower power. The agent explained that WYGG was never authorized to
       operate from that location and height and FCC records show that the
       construction permit application (File No. BPED-20020808ADH) was never
       granted and was in fact dismissed per the applicant's request.

   11. On November 27, 2006, MBHD submitted a Special Temporary Authority
       ("STA") application, File No. BLSTA-20061127AFU, to the Audio Division
       of the FCC's Media Bureau requesting authority for station WYGG to
       remain silent. On November 30, 2006, the Audio Division granted, by
       Official Letter, 1800B3-ALM, MBHD's request for an STA to remain
       silent for a period not to exceed 180 days.

   12. On January 4, 2007, MBHD submitted a STA application, File No.
       BSTA-20070104ACJ, to the Audio Division requesting authority to
       operate station WYGG from a site other than the licensed site and
       other than 601 Bangs Avenue. In the request, MBHD stated that its
       licensed site is no longer available and requested an STA in order to
       resume broadcasting. On January 4, 2007, the Audio Division granted
       the STA, which was set to expire on April 4, 2007. On January 18,
       2007, the Audio Division informed the New York Office that MBHD had
       notified them that WYGG had gone back on the air. Before reinstating
       the station's official "on-air" status, the Audio Division requested
       that the New York Office re-inspect WYGG to determine if the station
       was operating with the facilities authorized by the STA.

   13. On January 30, 2007, agents conducted an inspection of WYGG's new
       facilities, located at 414 Asbury Avenue, Asbury Park, New Jersey
       07712, with the station manager. The agents determined that the
       station was operating at the location, antenna height, and power
       authorized by the STA. The STA letter and chief operator designation
       were posted at the studio, and there were labeled folders in the
       public file for all required elements, but the file was incomplete.
       Specifically, there were no quarterly issues/programs listings in the
       file. The agents explained what kind of entries needed to be made
       according to FCC Rules. The transmitting antenna was located on the
       roof of a building next door to 414 Asbury Avenue, mounted on a pole
       approximately 20 feet above the roof at the south west corner of the
       building. The agents used a calibrated RFR meter to determine if any
       areas on the roof exceeded the public or occupational RFR MPE limits.
       The agents conducted several sets of spatial average measurements
       under the WYGG antenna, and determined that the levels were in
       compliance with the occupational and general population RFR MPE
       limits.

   III. DISCUSSION

   14. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    A. Compliance with RFR Limits

   15. Section 1.1310 of the Rules requires licensees to comply with
       occupational and general population MPE limits for electric and
       magnetic field strength and power density for transmitters operating
       at frequencies from 300 kHz to 100 GHz. The MPE limits specified in
       Table 1 of Section 1.1310 are used to evaluate the environmental
       impact of human exposure to RFR and apply to "...all facilities,
       operations and transmitters regulated by the Commission" Table 1 in
       Section 1.1310 of the Rules provides that, for stations operating in
       the frequency range of 30 MHz to 300 MHz, the occupational/controlled
       RFR MPE limit given in terms of mW/cm2 is 1.0 mW/cm2, and the general
       population/uncontrolled RFR MPE limit is 0.20 mW/cm2. Because it
       operates on 88.1 MHz, these limits apply to station WYGG. Licensees
       bear the responsibility to restrict access to areas that exceed the
       RFR MPE limits or to modify the facility and operation so as to bring
       the station's operation into compliance with the RFR exposure limits
       prior to worker or public access to the impacted area.

   16. Whether the general population/controlled RFR MPE limit or the general
       population/uncontrolled RFR MPE limit applies in an area depends on
       who is being exposed to the RFR. In situations where persons are
       exposed as a consequence of their employment, provided those persons
       are fully aware of the potential for exposure and can exercise control
       over their exposure, the occupational/controlled MPE limits apply. In
       situations where the general public may be exposed, or where persons
       that are exposed as a consequence of their employment may not be fully
       aware of the potential for exposure or cannot exercise control over
       their exposure, the general population/ uncontrolled MPE limits apply.
       In the case of WYGG, the general population limits apply. The roof
       where WYGG's antenna was located may not have been accessible by the
       general public, but it was accessible by workers who were not aware of
       their potential for exposure and could not exercise control over it.
       The building manager and station manager both stated that they were
       not aware of the RFR hazard and reported to the agents that workers
       routinely access the roof. Although warning signs were posted inside
       near the roof access door, these signs were inconspicuous due to poor
       illumination and a large piece of electrical equipment blocked the
       view of one of the signs. Moreover, the areas on the rooftop that
       exceeded the general population RFR MPE limit were not marked in any
       way. Thus, the workers were "exposed as a consequence of their
       employment, [were not] fully aware of the potential for exposure, and
       [could] not exercise control over their exposure." Therefore, even
       though access to the roof was controlled by a padlocked door, we find
       that the rooftop was subject to the Commission's general population
       limits.

   17. On November 16, 2006, an agent from the New York Office conducted a
       preliminary RFR survey on the roof of 601 Bangs Avenue and determined
       that there was an area near the WYGG antenna that met or exceeded the
       general population RFR MPE limits. At that time, WYGG station
       management was warned of excessive RFR levels on the roof.

   18. On November 20, 2006, agents returned to the rooftop and found that an
       area on the upper rooftop near the WYGG antenna exceeded both the
       general population RFR MPE limits. Specifically, measurements made
       using a calibrated RFR meter showed that the area on the upper rooftop
       near the WYGG antenna measured 790% of the general population RFR MPE
       limit, or 1.58 mW/cm2. Accordingly, because the RFR MPE limits were
       exceeded and because agents had determined that WYGG's antenna was
       solely responsible for the RFR emissions on the rooftop, MBHD was
       responsible for ensuring compliance with the RFR Rules.

   19. Agents found that there were no warning signs, barriers or any other
       markings placed on the roof to prevent access to hazardous areas.
       Although roof access was limited by a padlocked door, workers
       routinely obtained the key and had complete access to all areas on the
       roof, including the area that was above the occupational and general
       population RFR MPE limits, without any apparent knowledge of the level
       of RFR emissions on the roof. When informed by FCC agents that workers
       needed to access a hazardous area on the rooftop, station personnel
       failed to appropriately reduce power or cease operation to protect
       persons having access to the site. Based on the evidence before us, we
       find that MBHD violated Section 1.1310 of the Rules by producing power
       density levels in excess of the general population RFR MPE limits and
       by failing to adequately protect workers from areas that exceeded
       these limits. MBHD's certification in its 2006 License Renewal
       Application that its "facility complies with the maximum permissible
       radiofrequency electromagnetic exposure limits" demonstrates that MBHD
       was aware of its responsibilities pursuant to the Commission's RFR
       Rules. Additionally, New York agents warned MBHD about the excessive
       levels of RFR on the roof on November 16, 2006, and a subsequent
       inspection on November 20, 2006, revealed that the RFR emissions
       continued to greatly exceed the general population MPE. Consequently,
       we find that MBHD's violation was willful. The power density levels
       were in excess of the general population limits for more than one day,
       therefore, the violation was repeated.

    B. Station Location and Antenna Height

   20. Section 73.1350(a) of the Rules provides that each licensee is
       responsible for maintaining and operating its broadcast station in a
       manner which complies with the technical rules and is in accordance
       with the terms of the station authorization. On November 16 and 20,
       2006, agents found that WYGG was operating from an unauthorized
       location with an antenna height that exceeded the station's authorized
       antenna height by 29.9 meters. This resulted in a coverage area far
       exceeding its allowable coverage area as defined by the 60 dBm service
       contour. At the time of the inspection, WYGG had a current lease
       agreement with the building owner which specified the installation of
       one antenna on the roof, and the station manager later stated to the
       agent that the antenna has been on the roof for "five or six years."
       MBHD previously had been warned of this violation in NOVs and a NAL.
       Notwithstanding this prior enforcement action and the oral warning on
       November 16, 2006 regarding the station's unauthorized location and
       antenna height, WYGG was still operating from the unauthorized
       facilities on November 20, 2006.  Based on the evidence before us, we
       find that, by operating with an excessive antenna height from an
       unauthorized location, MBHD apparently willfully and repeatedly
       violated Section 73.1350(a) of the Rules by failing to operate its
       station in accordance with the terms of the station authorization.

    C. Public Inspection File

   21. Section 73.3527(a) of the Rules provides that every permittee or
       licensee of an AM, FM, or TV station in the noncommercial educational
       broadcast services shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(11). On November 16, 2006, an agent inspected WYGG's main
       studio and found that the station did not maintain any public
       inspection file. During the inspection, the station manager admitted
       that the station did not have a public inspection file. MBHD
       previously had been warned of this violation in NOVs issued in 2002.
       On January 30, 2007, agents inspected WYGG's new main studio and found
       that, although a public file had been created, it did not contain any
       quarterly issues/programs listings. Based on the evidence before us,
       we find that MBHD apparently willfully and repeatedly violated Section
       73.3527(a) of the Rules by failing to maintain a public inspection
       file.

    D. Posting of Station License, Station Logs, and Chief Operator
       Designation

   22. Section 73.1230 of the Rules provides that the licensee of each
       broadcast station must post the station license and any other
       instrument of station authorization in a conspicuous place and in such
       a manner that all terms are visible at the place the licensee
       considers to be the principal control point of the station. During the
       studio inspection on November 16, 2006, the agent observed that the
       station license was not posted, and could not be found anywhere in the
       studio. We therefore admonish MBHD for violating Sections 73.1230 of
       the Rules.

   23. Section 73.1800 of the Rules provides that the licensee of each
       broadcast station must maintain a station log as required by Section
       73.1820, and Section 73.1820(a)(iii) provides that all stations must
       make log entries of each test and activation of the Emergency Alert
       System (EAS) pursuant to the requirements of part 11 of the Rules and
       the EAS Operating Handbook. During the inspection on November 16,
       2006, the agent found station logs, including EAS logs, only for
       December 2004 through April 2005 and several printouts of EAS
       activations still attached to the EAS equipment only for March 2006 to
       April 8, 2006. The agent observed that the EAS equipment was out of
       printer paper so that more recent EAS activations could not be logged.
       There were no other station logs or EAS logs present. We therefore
       admonish MBHD for violating Sections 73.1800 and 73.1820 of the Rules.

   24. Section 73.1870 of the Rules provides that the licensee of each AM,
       FM, TV or Class A TV broadcast station must designate a person to
       serve as the station's chief operator and that the designation of the
       chief operator must be in writing with a copy of the designation
       posted with the station license. During the November 16, 2006 studio
       inspection, the agent observed that there was no written chief
       operator designation. During the inspection, WYGG's station manager
       admitted that there was no designated chief operator. We therefore
       admonish MBHD for violating Section 73.1870 of the Rules.

    E. Forfeiture Amount

   25. The Commission's Forfeiture Policy Statement and Amendment of Section
       1.80(b) of the Rules to Incorporate the Forfeiture Guidelines
       ("Forfeiture Policy Statement") does not specify a base forfeiture for
       violation of the RFR maximum permissible exposure limits in Section
       1.1310. However, the Commission has determined that an appropriate
       base forfeiture amount for violation of the RFR MPE limits is $10,000,
       reflecting the public safety nature of the rules. The base forfeiture
       amount for exceeding the authorized antenna height is $5,000, and the
       base forfeiture amount for violation of the public file rule is
       $10,000. In assessing the proposed monetary forfeiture amount, we must
       also take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violation, and with respect to the
       violator, the degree of culpability, any history of prior offenses,
       ability to pay, and other such matters as justice may require.
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that MBHD is
       apparently liable for a $25,000 forfeiture for willfully and
       repeatedly exceeding the RFR MPE limits in violation of Section 1.1310
       of the Rules, operating its station at an unauthorized location with
       an unauthorized antenna height in violation of Section 73.1350(a) of
       the Rules, and failing to maintain a public inspection file in
       violation of Section 73.3527(a) of the Rules.

   IV.  ORDERING CLAUSES

   26. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       .314 and 1.80 of the Commission's Rules, Minority Business & Housing
       Development, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty-five thousand dollars ($25,000) for
       violations of Sections 73.1350(a), 1.1310 and 73.3527(a) of the Rules.

   27. IT IS FURTHER ORDERED that Minority Business & Housing Development,
       Inc. IS ADMONISHED for its violations of Sections 73.1230, 73.1800,
       73.1820(a)(iii), and 73.1870 of the Rules.

   28. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Minority Business &
       Housing Development, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   29. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   30. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
       referenced in the caption.

   31. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   32. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   33. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Minority Business & Housing
       Development, Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Enforcement Bureau

   47 C.F.R. S: 1.1310. See also Guidelines for Evaluating the Environmental
   Effects of Radiofrequency Radiation, Report and Order, ET Docket No.
   93-62, 11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum
   Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in part, Second
   Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd
   13494 (1997) ("Guidelines").

   47 C.F.R. S: 73.1350(a).

   47 C.F.R. S: 73.3527(a).

   47 U.S.C. S: 503(b).

   All broadcast licensees were required to come into compliance with RFR MPE
   limits as of September 1, 2000 or file an Environmental Assessment. See
   Guidelines, Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). In addition,
   all broadcast licensees must demonstrate compliance with the RFR MPE
   limits, or file an Environmental Assessment and undergo environmental
   review by Commission staff, when filing for an initial construction
   permit, license, renewal or modification of an existing license. See
   Guidelines, Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R. S: 1.1307(b)

   The Philadelphia Office issued a NAL to MBHD on December 30, 2002, in the
   amount of $13,000 for unauthorized antenna height and location and no EAS
   equipment installed. See  Minority Business & Housing Development, Inc.,
   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332400003
   (rel. December 30. 2002).  MBHD did not dispute the violations and after
   issuance of a Forfeiture Order and Memorandum Opinion and Order, MBHD paid
   the forfeiture on November 17, 2004. See Minority Business & Housing
   Development, Inc., Forfeiture Order, 18 FCC Rcd 9422 (2003), Memorandum
   Opinion and Order, 19 FCC Rcd 8929 (2004). Notices of Violation ("NOV")
   were issued by the FCC's Philadelphia Office on May 30, 2002 and July 24,
   2002, citing MBHD for unauthorized antenna height and location,
   unauthorized antenna type, no public file, no EAS equipment installed, no
   station logs, and no chief operator designation or review. The July 24,
   2002 NOV also cited MBHD for failure to respond to the first NOV.

   WYGG FM Broadcast Station License, File No. BLED-19940304KZ, granted May
   15, 1995.

   On April 3, 2007, MBHD submitted an application for Extension of the STA,
   File No. BESTA-20070403ACK, and an application for Construction Permit,
   File No. BPED-20070403ABV, to operate station WYGG from 414 Asbury Avenue.
   On July 23, 2007, the Audio Division granted MBHD a 36-month Construction
   Permit. The STA extension application was accepted for filing and was
   granted on October 11, 2007.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310.

   47 C.F.R. S:S: 1.1307(b)(1), 1.1307(b)(5), 1.1310. Additional guidance is
   provided in Office of Engineering and Technology, Evaluating Compliance
   with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic
   Fields (1997) ("OET Bulletin 65").

   Entravision Holdings, LLC, 22 FCC Rcd 2279, 2283 (EB 2007). See also.,OET
   Bulletin 65 at 1 - 10.

   The limits of occupational exposure also apply in situations where an
   individual is transient through a location where the occupational limits
   apply, provided that he or she is made aware of the potential for
   exposure. 47 C.F.R. S: 1.1310, Note 1 to Table 1.

   47 C.F.R. S: 1.1310, Note 2 to Table 1.

   See Americom Las Vegas Limited Partnership, 19 FCC Rcd 9643 (Enf. Bur.
   2004), affirmed 12 FCC Rcd 14286 (2006).

   47 C.F.R. S: 1.1310, Note 2 to Table 1.

   See id. See also A-O Broadcasting Corporation, 17 FCC Rcd 24184 (2002);
   Entravision Holdings, LLC, 22 FCC Rcd 2279, (EB 2007); Infinity
   Broadcasting of Tampa, Florida, 22 FCC Rcd 2288 (EB 2007).

   See WYGG 2006 Renewal Application, Section III, Question 6.

   47 C.F.R. S: 73.1350(a)

   See supra n. 4.

   47 C.F.R. S: 73.3527(a)

   See supra n. 4.

   47 C.F.R. S: 73.1230.

   47 C.F.R. S:S: 73.1800, 73.1820(a)(iii).

   47 C.F.R. S: 73.1870.

   Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules
   to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon
   denied, 15 FCC Rcd 303 (1999).

   The fact that the Forfeiture Policy Statement does not specify a base
   amount does not indicate that no forfeiture should be imposed. The
   Forfeiture Policy Statement states that "... any omission of a specific
   rule violation from the ... [forfeiture guidelines] ... should not signal
   that the Commission considers any unlisted violation as nonexistent or
   unimportant. Forfeiture Policy Statement, 12 FCC Rcd at 17099. The
   Commission retains the discretion, moreover, to depart from the Forfeiture
   Policy Statement and issue forfeitures  on a case-by-case basis, under its
   general forfeiture authority contained in Section 503 of the Act. Id.

   A-O Broadcasting Corporation, 17 FCC Rcd 24184 (2002).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1350(a),
   1.1310, and 73.3527(a). See also Guidelines for Evaluating the
   Environmental Effects of Radiofrequency Radiation, Report and Order, ET
   Docket No. 93-62, 11 FCC Rcd 15123 (1996), recon. granted in part, First
   Memorandum Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in
   part, Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd 13494 (1997) ("Guidelines").

   47 C.F.R. S:S: 73.1230, 73.1800, 73.1820(a)(iii), 73.1870.

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission

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   Federal Communications Commission