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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Westchester Community College ) File No. EB-09-NY-0280

   Licensee of Radio Station WARY - FM 88.1 MHz )

   Facility ID # 71709 ) NOV No. V201032380002

   Valhalla, New York )


                              NOTICE OF VIOLATION

   Released:  December 22, 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 Westchester Community College
       ("College"), licensee of radio station WARY in Valhalla, New York.

    2. On September 28, 2009, an agent of the Enforcement Bureau's New York
       Office inspected station WARY located in Valhalla, New York, and
       observed the following violations:

    a. 47 C.F.R. S: 73.3527 (e)(1): "A copy of the current FCC authorization
       to construct or operate the station, as well as any other document
       necessary to reflect any modifications thereto or any conditions that
       the FCC has placed on the authorization. These materials shall be
       until replaced by a new authorization, at which time a copy of the new
       authorization and any related materials shall be placed in the file."
       At the time of inspection, WARY's public file contained no copy of the
       current authorization.

    b. 47 C.F.R. S: 73.3527 (e)(3): "A copy of any service contour maps,
       submitted with any application tendered for filing with the FCC,
       together with any other information in the application showing service
       contours and/or main studio and transmitter location (State, county,
       city, street address, or other identifying information)." At the time
       of inspection, WARY's public file contained no contour maps.

    c. 47 C.F.R. S: 73.3527 (e)(4): A copy of the most recent, complete
       ownership report filed with the FCC for the station, together with any
       subsequent statement filed with the FCC certifying that the current
       report is accurate, and together with all related material. These
       materials shall be retained until a new, complete ownership report is
       filled with the FCC, at which time a copy of the new report and any
       related materials shall be placed in the file." At the time of
       inspection, WARY's public file contained no copy of the ownership

    d. 47 C.F.R. S: 73.3527(e)(7): "At all times, a copy of the most recent
       version of the manual entitled The Public and Broadcasting." At the
       time of inspection, WARY's public file contained no copy of the Public
       and Broadcasting.

    e. 47 C.F.R. S: 73.3527(e)(8): "For non-exempt noncommercial educational
       broadcast stations, every three months a list of programs that have
       provided the station's most significant treatment of community issues
       during the preceding three month period." At the time of inspection,
       WARY's public file did not contain issues/programs lists.

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

   New York, New York 10014

    4. This Notice shall be sent to Westchester Community College 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