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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Pacifica Foundation, Inc. ) File No. EB-09-NY-0060

   Licensee of Radio Station WBAI (FM) )

   Facility ID # 51249 ) NOV No. V200932380028

   Berkeley, California )


                              NOTICE OF VIOLATION

   Released:  March  19,  2009

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Pacifica Foundation, Inc., licensee
       of FM radio station WBAI in New York, New York.

    2. On February 25, 2009, an agent of the Commission's New York Office
       inspected FM station WBAI, located in New York, New York, and observed
       the following violations:

   47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant

   records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time
   of inspection, the broadcast station records contained no entries
   documenting the receipt and retransmission of the monthly tests from the
   local primary stations during the months of November 2008 and December
   2008. For the month of January 2009, the station records indicated that
   the monthly test was received, but there was no indication that the test
   was retransmitted. With regard to weekly tests, the station records failed
   to show entries of weekly tests conducted during November 2008, the week
   of December 21, 2008, and the weeks of January 4 and 18, 2009. The
   broadcast station records contained no reasons why tests were not received
   or transmitted. Records for received tests indicate that the station was
   not consistently monitoring two EAS sources, as required by Section

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Pacifica
       Foundation, 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

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, New York 10014

    4. This Notice shall be sent to Pacifica Foundation, Inc. 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.


   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


                       Federal Communications Commission