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 Federal  Communications  Commission  DA  01-  276 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Sagittarius  Broadcasting  Corp. 
 Licensee  of 
 Station  WXRK(  FM),  New  York,  NY 
 Facility  ID  #  58579 


 ) 
 ) 
 )  Control  Nos.  95100477,  96070454,  96100043, 
 )  96100438 
 )  NAL/  Acct.  No.  818ed011 
 ) 
 ) 
 ) 


 MEMORANDUM  OPINION  &  ORDER 


 Adopted:  February  2,  2001  Released:  February  5,  2001 
 By  the  Chief,  Enforcement  Bureau: 
 1.  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). 


 2.  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. 


 3.  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 is  hereby  RESCINDED.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 
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