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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                               
                                                            
     In the Matter of       )                               
                                                            
     WSKQ Licensing, Inc.   )   File Number EB-09-NY-0186   
                                                            
     Licensee of WSKQ-FM    )   NAL/Acct. No. 200932380007  
                                                            
     New York, New  York    )   FRN 0004976882              
                                                            
     Facility ID # 61649    )                               
                                                            
                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 26, 2009

   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 WSKQ Licensing, Inc.  ("WSKQ"), licensee of commercial station
       WSKQ-FM, New York, New York, apparently willfully violated Section
       73.3526  of the Commission's Rules ("Rules") by failing to make
       available a complete public inspection file.  We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that WSKQ is apparently liable for a forfeiture in the amount of four
       thousand dollars ($4,000).

   II. BACKGROUND

    2. On May 15, 2009, an agent from the Commission's New York Office of the
       Enforcement Bureau ("New York Office") inspected station WSKQ-FM's
       public inspection file at its main studio in New York, New York during
       normal business hours. The agent conducted the inspection with
       WSKQ-FM's Market Manager and Program Specialist, neither of whom was
       able to locate or make available the Issues/Programs lists for 2007,
       2008, and for the first quarter of 2009. The latest Issues/Programs
       lists in the file were from 2006. The employees were given as much
       time to locate the files as needed but suspended the search after
       searching all work areas where the Issues/Programs lists could have
       been located. The Market Manager reported to the agent that they had
       the files and would contact the agent when they were located.

    3. On May 28, 2009, the New York Office sent a Letter of Inquiry (LOI) to
       WSKQ regarding the missing Issues/Programs lists for 2007, 2008, and
       2009. On June 18, 2009, the New York Office received a reply to the
       LOI. WSKQ stated in its reply that, during some building renovations,
       the public inspection file was placed in two file boxes and moved to a
       temporary location where employees were reviewing the documents and
       removing ones that no longer needed to be retained. WSKQ further
       stated that, although the radio issues/programs lists for 2007, 2008
       and the first quarter of 2009 were prepared in a timely fashion, and
       the re-labeling and reorganization of that portion of the public file
       had been completed at the time of the inspection, due to inadvertent
       error, those radio issues/programs lists had not yet been returned to
       the public inspection file. They further stated that, once this
       oversight was brought to the Station's attention, the missing
       issues/programs lists were promptly placed in the public file.

   III. DISCUSSION

    4. 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) of the Act 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.

    5. Section 73.3526(a)(2) of the Rules requires every licensee in the
       commercial broadcast services to maintain for public inspection, a
       file containing materials listed in that section. The Rules require
       that the public inspection file be available during regular business
       hours at the main studio of the station. Section 73.3526(e)(12) of the
       Rules requires a list of programs that have provided the station's
       most significant treatment of community issues during the preceding
       three month period ("Issues/Programs list") to be placed in the public
       inspection file. Copies of the lists must be maintained in the file
       until final action has been taken on the station's next renewal
       application. On May 15, 2009, in response to a request made during
       regular business hours at the station's main studio, station personnel
       were unable to make available Issues/Programs lists for the years
       2007, 2008, and the first quarter of 2009. Based on the evidence
       before us, we find that WSKQ  apparently willfully violated Section
       73.3526 of the Rules by failing to make available a complete public
       inspection file.

    6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of public inspection file rules
       is $10,000. Because only a portion of the WSKQ-FM public inspection
       file was not available at the time of inspection, a downward
       adjustment of the base forfeiture amount to $4,000 is warranted. In
       assessing the 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 violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that WSKQ  is apparently liable for a 
       $4,000 forfeiture.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, WSKQ Licensing, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four  thousand dollars ($4,000) for violations of Section
       73.3526 of the Rules.

    8. 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, WSKQ Licensing, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.  Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. If payment is made, WSKQ Licensing, Inc.
       shall send electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York  Office,
       201 Varick Street, Suite 1151, New York, NY  10014 and must include
       the NAL/Acct. No. referenced in the caption.

   11. 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.

   12. 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 WSKQ Licensing, Inc.  at  its  address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

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

   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."

   47 C.F.R. S: 73.3526(a)(2).

   See 47 C.F.R. S:S: 73.3526(b) and (c)(1).

   47 C.F.R. S: 73.3526(e)(12).

   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, 47 C.F.R.
   S: 73.3527.

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

   Federal Communications Commission

                                       4

   Federal Communications Commission