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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
Bureau:
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
report.
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
address:
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.
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
3
Federal Communications Commission