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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New York City Department of Information ) File No. EB-09-NY-0061
Technology &Telecommunications )
Licensee of Radio Station WNYE ) NOV No. V200932380026
New York, New York )
)
NOTICE OF VIOLATION
Released: March 18, 2009
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 to New York City Department of
Information Technology & Telecommunications, licensee of FM broadcast
station WNYE, New York, New York.
2. On February 24, 2009, an agent of the Commission's New York Office
inspected radio station WNYE and observed the following violations:
a. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain
a "copy of the current FCC authorization to construct or operate the
station...." At the time of inspection, a copy of the authorization
was not in the public inspection file.
b. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain
a "copy of any service contour maps, submitted with any application
tendered for filing with the FCC. . . ." At the time of the
inspection, there was no service contour map in the public inspection
file showing the station's community contour.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, New York City
Department of Information Technology & Telecommunications, 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 New
York City Department of Information Technology & Telecommunications.
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 New York City Department of Information
Technology & Telecommunications at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission