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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
     In the Matter of                                                
                                    )                                
     Nassau Broadcasting II, LLC,                                    
                                    )   File No.: EB-10-PA-0079      
     Debtor-in-Possession                                            
                                    )   NAL/Acct. No.: 201232400002  
     Licensee of Station WPLY                                        
                                    )   FRN: 0003759685              
     Mount Pocono, Pennsylvania                                      
                                    )                                
     Facility ID #67060                                              
                                    )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: January 19, 2012 Released: January 19, 2012

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Nassau Broadcasting II, LLC, Debtor-in-Possession ("Nassau
       Broadcasting"), licensee of AM Station WPLY in Mount Pocono,
       Pennsylvania, apparently willfully and repeatedly violated section
       73.1745(a) of the Commission's Rules ("Rules") by operating its
       station with only one of its four authorized directional antennas at a
       reduced power of 250 Watts during daytime hours without a Special
       Temporary Authorization (STA), in direct contravention of the terms of
       its station authorization. We also find that Nassau Broadcasting
       willfully and repeatedly violated section 73.3526 of the Rules by
       failing to maintain and make available for inspection a local public
       inspection file at Station WPLY's main studio. We conclude that Nassau
       Broadcasting is apparently liable for a forfeiture in the amount of
       seventeen thousand dollars ($17,000). We further direct Nassau
       Broadcasting to submit a written statement signed under penalty of
       perjury stating that Station WPLY is now in compliance with sections
       73.1745(a) and 73.3526 of the Rules.

   II. BACKGROUND

    2. On March 25, 2010, agents from the Enforcement Bureau's Philadelphia
       Office conducted a random inspection of Station WPLY's main studio in
       Stroudsburg, Pennsylvania with several staff members, including the
       station engineer and the station sales director. During the
       inspection, the agent found that Station WPLY did not have a local
       public inspection file and the station engineer and sales director
       both admitted that the station had never maintained a local public
       inspection file.

    3. After conducting the inspection at Station WPLY's main studio on March
       25, 2010, the agents proceeded to the Station's transmitter site and
       inspected Station WPLY's four antenna structures with the station
       engineer. During the inspection, the station engineer identified for
       the agent the one tower (antenna structure number 1215954) that was
       being used by the station. The station engineer reported that Station
       WPLY had been transmitting from only one of its four authorized
       antenna structures with only 250 Watts instead of its authorized
       daytime power of 1000 Watts. The station engineer further reported
       that the station had not obtained an STA to operate at variance from
       its licensed facilities.

    4. On April 5, 2010, Nassau Broadcasting notified the agents in the
       Philadelphia Office that they filed an application for an STA that day
       to operate the station at reduced power using only one of the
       station's four authorized towers. The Commission granted the
       application on April 6, 2010.

    5. On April 12, 2010, an agent contacted Crown Castle, the entity that
       maintains Station WPLY's towers. Crown Castle reported that they had
       been maintaining Station WPLY's antenna structures for eight years
       and, during that time, only one tower was in operation. When the agent
       contacted Nassau Broadcasting regarding the report from Crown Castle,
       Nassau confirmed that, since it obtained the station in 2000, it had
       operated with only one tower at reduced power without ever having
       obtained an STA prior to the STA that was granted on April 6, 2010.

   III. DISCUSSION

    6. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation, or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty. Section
       312(f)(1) of the Act defines "willful" as the "conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. The legislative history to section
       312(f)(1) of the Act clarifies that this definition of willful applies
       to both sections 312 and 503(b) of the Act, and the Commission has so
       interpreted the term in the section 503(b) context. The Commission may
       also assess a forfeiture for violations that are merely repeated, and
       not willful. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

     A. Unauthorized Operation

    7. Section 73.1745(a) of the Rules states that no broadcast station shall
       operate at times, or with modes or power, other than those specified
       and made part of the license. Station WPLY's license specifies that
       the station must operate with a power of 1000 Watts during daytime
       hours. During the March 25, 2010 inspection, Nassau Broadcasting
       admitted that it was operating Station WPLY from only one of its four
       authorized towers at a reduced power of 250 Watts without an STA.
       Nassau Broadcasting later admitted that it had been broadcasting with
       only one tower at reduced power without an STA since it purchased
       Station WPLY in 2000. Based on the evidence before us, we find that
       Nassau Broadcasting apparently willfully and repeatedly violated
       section 73.1745(a) of the Rules by operating Station WPLY with a mode
       and level of power that were in direct contravention of its station
       authorization.

     A. Public Inspection File

    8. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM or FM station shall maintain a public inspection file containing
       the material, relating to that station, described in Section
       73.3526(e) of the Rules. Section 73.3526(b)(1) of the Rules requires
       that the public inspection file shall be maintained at the station's
       main studio. Section 73.3526(c)(1) of the Rules specifies that the
       file shall be available for public inspection at any time during
       regular business hours.  During the March 25, 2010 inspection, agents
       attempted to review Station WPLY's public inspection file, but there
       was no file available for review at the main studio location. Station
       WPLY's engineer and sales manager both admitted to the agents that
       Nassau Broadcasting has never maintained a public inspection file for
       Station WPLY at its main studio. Based on the evidence before us, we
       conclude that Nassau Broadcasting apparently willfully and repeatedly
       violated section 73.3526 of the Rules.

     A. Proposed Forfeiture Amount

    9. Pursuant to the Commission's Forfeiture Policy Statement, and section
       1.80 of the Rules, the base forfeiture amount for operating the
       station in direct contravention of the terms of its station
       authorization is $4,000, and the base forfeiture amount for violation
       of the public file rule is $10,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, any history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Because Nassau Broadcasting was in violation of our Rules
       since its purchase of Station WPLY in 2000, we find that upward
       adjustments of $2,000 for the public file violation and $1,000 for the
       unauthorized operation violation are warranted. Applying the
       Forfeiture Policy Statement, section 1.80 of the Rules, and the
       statutory factors to the instant case, we conclude that Nassau
       Broadcasting is apparently liable for a $17,000 forfeiture.

   10. We also direct Nassau Broadcasting to submit a written statement
       pursuant to section 1.16 of the Rules, signed under penalty of perjury
       by an officer or director of Nassau Broadcasting, stating that it is
       currently maintaining a public inspection file that is in full
       compliance with the requirements under section 73.3526 of the Rules,
       and that it is either operating consistent with its station
       authorization or has a valid STA. This statement must be provided to
       the Philadelphia Office at the address listed in paragraph 15, infra,
       within thirty (30) days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order.

   IV. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204(b),
       0.311, 0.314, and 1.80 of the Commission's Rules, Nassau Broadcasting
       II, LLC  is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of seventeen  thousand dollars ($17,000) for
       violations of sections 73.1745(a) and 73.3526 of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order, Nassau
       Broadcasting  SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   13. IT IS FURTHER ORDERED that Nassau Broadcasting II, LLC  SHALL SUBMIT a
       sworn statement as described in paragraph 10 to the Enforcement Bureau
       Office listed in paragraph 15 within thirty (30) days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order.

   14. Payment of the forfeiture must be made by credit card, check, or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Account number and FRN
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Nassau Broadcasting
       shall also send electronic notification to NER-Response@fcc.gov  on
       the date said payment is made.

   15. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. The written statement, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Northeast Region, Philadelphia Office, One Oxford Valley
       Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
       Pennsylvania 19047, and must include the NAL/Account number referenced
       in the caption. The statement should also be emailed to
       NER-Response@fcc.gov.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and regular mail, to Nassau Broadcasting at 22 S.
       6th Street, Stroudsburg, Pennsylvania, 18360.

   FEDERAL COMMUNICATIONS COMMISSION

   David Dombrowski

   Acting District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a).

   47 C.F.R. S: 73.3526

   See File No. BSTA-20100405ABU.

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . . ").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.1745(a).

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(b)(1).

   47 C.F.R. S: 73.3526(c)(1).

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recons. denied,
   15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314, 1.80,
   73.1745(a), 73.3526.

   See 47 C.F.R. S: 1.1914.

   See 47 C.F.R. S:S: 1.80(f)(3), 1.16.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-59

                                       5

   Federal Communications Commission DA 12-59