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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New York University. ) File No. EB-10-NY-0261
Licensee of FM Radio Station WNYU )
Facility ID # 48695 )
New York, New York ) NOV No. V201032380024
NOTICE OF VIOLATION
Released: June 22, 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 New York University, licensee of FM
radio station WNYU in New York, New York. This Notice may be combined
with a further action, if further action is warranted.
2. On May 20, 2010, an agent of the Enforcement Bureau's New York Office
inspected WNYU's main studio located at 5-11 University Place, New
York, NY 10003, and observed the following violation:
47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records,
as specified in S:S: 11.35(a) and 11.54(b)(13)." The station records did
not contain entries for weekly tests conducted during the weeks of January
31, 2010, February 21 and 28, 2010 and March 14, 2010 The station records
also did not contain an entry of the monthly test received and
retransmitted for the month of February 2010. The broadcast station
records contained no reasons why the weekly tests were not conducted and
why the monthly test was not received and retransmitted.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violation(s) and any remedial actions the station may have taken.
Therefore, New York University must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct each violation
and preclude recurrence, and (iii) must include a time line for
completion of any pending corrective action(s). The response must be
complete in itself and must not be abbreviated by reference to other
communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
New York University to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of New York University with personal knowledge
of the representations provided in New York University's response,
verifying the truth and accuracy of the information therein, and
confirming that all of the information requested by this Notice which
is in the licensee's possession, custody, control, or knowledge has
been produced. To knowingly and willfully make any false statement or
conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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, Suite 1151
New York, NY 10014
6. This Notice shall be sent to New York University at its address of
record.
7. 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.
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: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission