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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                  )
                                 )
Sagittarius Broadcasting Corp.    )      Control  Nos.   95100477, 
                                 96070454,     96100043,        )     
Licensee of                       96100438
Station WXRK(FM), New York, NY    )     NAL/Acct. No. 818ed011 
Facility ID # 58579               )
                                 )
                                 )

                      MEMORANDUM OPINION & ORDER


Adopted:  February 2, 2001              Released:   February   5, 
2001

By the Chief, Enforcement Bureau:

In this Memorandum Opinion & Order, we rescind a Notice of 
Apparent Liability for a monetary forfeiture for the broadcast of 
indecent material on the mornings of October 23, 1995, March 7, 
1996, and June 3, 1996.  12 FCC Rcd 8274 (MMB 1997).

Because a significant amount of time has elapsed since the 
broadcasts of the material at issue, we have determined not to 
issue a forfeiture order.  See Americom Las Vegas Ltd. 
Partnership (KFBI(FM)), 15 FCC Rcd 13550 (2000); Flambo 
Broadcasting, Inc. (KFMH-FM), 15 FCC Rcd 23429 (Enf. Bureau 
2000).  However, our decision today in no way condones the 
broadcasts of the material at issue.

ACCORDINGLY, IT IS ORDERED that the above-referenced NAL issued 
to CBS Radio is hereby RESCINDED.

                    FEDERAL COMMUNICATIONS COMMISSION



                    David H. Solomon
                    Chief, Enforcement Bureau