Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the matter of                 )
Radio Lake Placid, Inc.          )
WIRD(AM)                         )    File Numbers: EB-02-BF-178 
WLPW(FM)                         )    and                   EB-
Lake Placid, New York            )    02-BF-179
                                )    NAL/Acct. No. 20033228000
                                )    FRN: 0003 7652 52


   Adopted:  December 23, 2003          Released:  December 30, 

By the Chief, Enforcement Bureau:

                    I.   INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
cancel the proposed  monetary forfeiture in  the amount of  eight 
thousand dollars  ($8,000), issued  to  Radio Lake  Placid,  Inc.  
(``Lake Placid'') for its apparent willful and repeated violation 
of Section 11.35(a) of the Commission's Rules (``Rules'').1   The 
alleged violation involved  Lake Placid's failure  to install  an 
operational Emergency Alert System (``EAS'').

     2.   On  October  3,  2002,   the  Resident  Agent  of   the 
Commission's Buffalo, New York Field Office (``Buffalo  Office'') 
issued a Notice of  Apparent Liability for Forfeiture  (``NAL'')2 
to Lake  Placid for  $8,000.  On  November 1,  2002, Lake  Placid 
filed a response to the NAL.

                    II.  BACKGROUND

     3.   On July  2,  2002, an  agent  from the  Buffalo  Office 
inspected co-located Radio Stations WIRD(AM) and WLPW(FM) in Lake 
Placid, New  York.   Neither  WIRD  or  WLPW  had  EAS  equipment 
installed at the  main studio.    On July 10,  2002, the  Buffalo 
Office issued two  Notices of  Violation to Lake  Placid for  the 
Section  11.35  violations  found   during  the  WIRD  and   WLPW 

     4.   On October 3, 2002, the Buffalo Office issued an NAL to 
Lake Placid for its failure to have installed an operational  EAS 
system.  On November 1, 2002, Lake Placid filed a response to the 
NAL and denied it violated  Section 11.35(a) of the  Commission's 
Rules.   Lake  Placid   supplied  declarations   by  Timothy   F. 
Nardiello, Secretary and General Manager, Radio Lake Placid, Inc. 
and David Goth, a radio consulting engineer, which establish that 
its EAS equipment had been removed for repair on or about May 29, 
2002 and was  repaired by Mr.  Goth on July  12, 2002, within  45 
days of its removal.  Lake  Placid requests the NAL be  cancelled 
under Section 11.35(b) because its EAS equipment was repaired  or 
replaced  within  the  60   day  period  authorization  in   that 

                    III.      DISCUSSION

     5.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934 as amended (``Act''),  3 Section 1.80 of the  Rules,4 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.5  In examining Lake Placid's response, Section 503(b) 
of the Act  requires that  the Commission take  into account  the 
nature, circumstances, extent and  gravity of the violation  and, 
with respect  to the  violator, the  degree of  culpability,  any 
history of prior  offenses, ability  to pay, and  any other  such 
matters as justice may require.6  

     6.   Section  11.35(a)  of  the  Rules  requires   broadcast 
stations to  install and  maintain operational  EAS equipment  so 
that monitoring and transmitting  functions are available  during 
times when the  stations and systems  are in operation.   Section 
11.35(b) provides  that if  EAS  equipment becomes  defective,  a 
broadcast station  may operate  without the  defective  equipment 
pending its repair or replacement for 60 days.7  After  reviewing 
the record in this case, including the declarations submitted  by 
Lake Placid, we conclude  that the evidence  shows that the  time 
frame that it operated without  the defective equipment, May  29, 
2002 - July 12, 2002, did not  exceed the number of days that  it 
is permitted to do  so by the rule.   We therefore conclude  that 
the monetary forfeiture should be cancelled.

                    IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act,8  and  Section 1.80(f)(4) of the Rules,9   the 
NAL, issued to Radio Lake Placid, Inc. IS CANCELLED.

     8.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by first  class mail and  certified mail, return  receipt 
requested, to  Timothy  Nardiello,  Secretary,  General  Manager, 
Radio Lake Placid,  17 Wilmington  Road, Lake  Placid, New  York, 
12946 and its counsel, Richard F. Swift, Esq., at Irwin, Campbell 
& Tannenwald, P.C.,  1730 Rhode Island  Avenue, N.W., Suite  200, 
Washington, D.C. 20036-3101.



                              David H. Solomon
Chief, Enforcement Bureau


1 47 C.F.R.  11.35(a). 
2 Notice  of Apparent  Liability for  Forfeiture, NAL  Acct.  No. 
20033228000 (Enf. Bur., Buffalo Office, rel. October 3, 2002).
3 47 U.S.C.  503(b).
4 47 C.F.R.  1.80.
5 12  FCC Rcd.  17087  (1997), recon.  denied,  15 FCC  Rcd.  303 
6 47 U.S.C.  503(b)(2)(D).
7 47 C.F.R.  11.35(b).
8 47 U.S.C.  504(b).
9 47 C.F.R.  1.80(f)(4).