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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                 )
WTMR License Limited Partnership )        File Number EB-04-PA-104
                                 )
Licensee of Station WTMR         )      NAL/Acct. No. 200532400003
Camden, New Jersey               )
Facility ID # 24658              )                FRN 0003-77-1698



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  April 19, 
                                                             2005

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 WTMR License Limited Partnership 
 (``WTMR''), the licensee of AM broadcast station WTMR, Camden, 
 New Jersey, apparently willfully and repeatedly violated 
 Section 73.1745(a) of the Commission's Rules ("Rules")1 by 
 operating its station at a power of more than 500 watts during 
 nighttime hours, in direct contravention of the terms of its 
 station authorization.  We conclude, pursuant to Section 503(b) 
 of the Communications Act of 1934, as amended ("Act"),2 that 
 WTMR is apparently liable for a forfeiture in the amount of 
 four thousand dollars ($4,000).

II.  BACKGROUND

      2.  Station WTMR's license specifies that the station must 
 reduce power from its authorized daytime power of 5000 Watts to 
 its authorized nighttime power of 500 Watts at local sunset 
 time.  The license also specifies that local sunset time is 
 7:30 p.m. (non-advanced Local Standard Time) during the month 
 of July.  Adjusting the time to daylight savings time, the 
 station must operate with its nighttime power beginning at 8:30 
 p.m. during the month of July. 
 
      3.  On July 15, 2004 and July 29, 2004, an agent with the 
 FCC's Philadelphia Office monitored the signal strength level 
 of the station.  The agent's field strength measurements showed 
 that the station did not reduce power at sunset, as required by 
 its license.  Specifically, on July 15, 2004, the station did 
 not reduce power until 9:29 p.m. and on July 29, 2004, the 
 station did not reduce power until 9:32 p.m.  

III.      DISCUSSION

      4.  Section 503(b) of the 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.  The term "willful" 
 as used in Section 503(b) of the Act has been interpreted to 
 mean simply that the acts or omissions are committed 
 knowingly.3  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.4 

      5.  Section 73.1745(a) states that no broadcast station 
 shall operate at times, or with modes or power, other than 
 those specified and made part of the license.5  Station WTMR's 
 authorization specifies that the station must reduce power to 
 500 watts during nighttime hours.  Field strength measurements 
 taken by an FCC agent showed that WTMR failed to reduce power 
 to the authorized nighttime levels between 8:30 p.m. and 9:29 
 p.m. on July 15, 2004 and between 8:30 p.m. and 9:32 p.m. on 
 July 29, 2004.

      6.  Based on the evidence before us, we find that WTMR 
 apparently willfully and repeatedly violated Section 73.1745(a) 
 of the Commission's rules by failing to reduce power to the 
 authorized nighttime levels, in direct contravention of its 
 station authorization.

      7.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for exceeding the power limits is $4,000.6  In assessing 
 the monetary forfeiture amount, we must also take into account 
 the statutory factors set forth in Section 503(b)(2)(D) of the 
 Act, which include the nature, circumstances, extent, and 
 gravity of the violations, and with respect to the violator, 
 the degree of culpability, and history of prior offenses, 
 ability to pay, and other such matters as justice may require.7  
 Applying the Forfeiture Policy Statement, Section 1.80, and the 
 statutory factors, a $4,000 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      8.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311 and 1.80 of the Commission's Rules, WTMR 
 License Limited Partnership is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of four thousand 
 dollars ($4,000) for violations of Section 73.1745(a) of the 
 Rules.8

      9.  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, WTMR 
 License Limited Partnership SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      10.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.

      11.      The response, 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 
 within thirty (30) days from the release date of this Notice of 
 Apparent Liability for Forfeiture and must include the 
 NAL/Acct. No. referenced in the caption.  

      12.      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.  

      13.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      14.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to WTMR 
 License Limited Partnership at its address of record and to 
 WTMR License Limited Partnership, c/o Mr. Joseph D. Sullivan, 
 Esq., Latham & Watkins, 555 11th Street, NW, Suite 1000, 
 Washington, D.C. 20004.


                              FEDERAL COMMUNICATIONS COMMISSION




                              John E. Rahtes
                              District Director
                              Philadelphia Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  73.1745(a). 
247 U.S.C.  503(b).  
3Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  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.'' 
547 C.F.R.  73.1745(a).
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
747 U.S.C.  503(b)(2)(D).
8See 47 C.F.R.  1.1914.
8See 47 C.F.R.  1.1914.