February 16th, 2010 
joel Two Notices of Unlicensed Operation were issued on February 2nd by David Viglione, Resident Agent of the Buffalo office of the FCC and are now posted on the Commission’s site. You read the text of the NOUO’s by clicking on each link:
The notices indicated that the operators had to cease operation immediately and that such violation of Federal law…
could subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.
All of the rationalizations and justifications tend to fade away in the clarity of the FCC seal and citing of United States Code.
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Station format varieties are fine and good. There is obviously some audience for what these gentlemen wish to showcase, although not enough to ensure commercial operations. I saw a poster for 90.1 in the Sunoco store at 12th and French, and later listened in the car a bit. I didn’t hear any call letters or city of license. FCC approval and licensing take their time, but they are required.