Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Nyack College ) File No. EB-10-NY-0228 Licensee of Radio Station WNYK ) Facility ID # 49883 ) NOV No. V201132380003 Nyack, New York ) ) NOTICE OF VIOLATION Released: October 27, 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 Rules1 to Nyack College (“Nyack”), licensee of radio station WNYK in Nanuet, New York. This Notice may be combined with a further action, if further action is warranted.2 2. On April 16 2010, an agent of the Enforcement Bureau's New York Office inspected station WNYK located in Nyack, New York, and observed the following violation: 47 C.F.R. § 73.3527(e)(8)(i): “Issue/programs lists. 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 months period. The list for each calendar quarter….” During the inspection, the agent found that the public inspection file was missing the issues/program lists for 3rd and 4th Quarter 2009 and 1s t Quarter 2010. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, Nyack 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 certify that Nyack College is now in compliance with Section 73.3526(e) of the Commission’s Rules. The response must be complete in itself and signed by an individual with authority to respond on behalf of Nyack College. All replies and documentation sent in response to this Notice should 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). 347 U.S.C. § 308(b). Federal Communications Commission 2 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 Nyack at its address of record. The Privacy Act of 19744 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.5 FEDERAL COMMUNICATIONS COMMISSION Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 4 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 518 U.S.C. § 1001 et seq.