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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nyack College ) File No. EB-10-NY-0228
Licensee of Radio Station WNYK )
Facility ID # 49883 ) NOV No. V201132380003
Nyack, New York )
)
NOTICE OF VIOLATION
Released: October 27, 2010
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 Nyack College ("Nyack"), licensee of
radio station WNYK in Nanuet, New York. This Notice may be combined
with a further action, if further action is warranted.
2. On April 16 2010, an agent of the Enforcement Bureau's New York Office
inspected station WNYK located in Nyack, New York, and observed the
following violation:
47 C.F.R. S: 73.3527(e)(8)(i): "Issue/programs lists. 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 months period. The list for
each calendar quarter...." During the inspection, the agent found that the
public inspection file was missing the issues/program lists for 3rd and
4th Quarter 2009 and 1s t Quarter 2010.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Nyack 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
certify that Nyack College is now in compliance with Section
73.3526(e) of the Commission's Rules. The response must be complete in
itself and signed by an individual with authority to respond on behalf
of Nyack College. 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 Nyack at its address of record.
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 C.F.R. S: 1.89(a).
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