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Westchester Community College, WARY, Valhalla, NY

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Released: December 22, 2009

Federal Communications Commission

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


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 Rules1 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
a) 47 C.F.R. § 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. § 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. § 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

1 47 C.F.R. § 1.89.

Federal Communications Commission

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
d) 47 C.F.R. § 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. § 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,2 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 19743 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.4

2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.

Federal Communications Commission

Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau

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