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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No. EB-06-NY-199

   Rose City Radio Corporation )

   Licensee of Radio Station WSNR ) NOV No. V20073238005

   Jersey City, NJ1239609 )

                              NOTICE OF VIOLATION

   Released:  November 22, 2006

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Rose City Radio Corporation ,
       licensee of radio station WSNR, Jersey City, NJ.

    2. On October 4 and 12, 2006, an agent of the Commission's New York
       Office inspected radio station WSNR, and conducted additional EAS
       monitoring of the station on November 1, 2006, and observed the
       following violations:

     a. 47 C.F.R S 11.15: "A copy of the [EAS Operating] Handbook must be
        located at normal duty positions or EAS equipment locations when an
        operator is required to be on duty, and immediately available to
        staff responsible for authenticating messages and initiating
        actions." During the inspection, the EAS Handbook was not available.

     b. 47 C.F.R. S 11.61(a): "[EAS] tests shall be made at regular intervals
        as indicated in paragraphs (a)(1) and (a)(2) of this section...All
        tests will conform with the procedures in the EAS Operating Handbook.
        AM, FM and TV stations [must make] Required Monthly Tests of the EAS
        header codes, Attention Signal, Test Script and EOM code." On
        November 1, 2006, the agent monitored WSNR and observed that,
        although WSNR retransmitted the EAS codes and Attention Signal, it
        did not retransmit the required Test Script (spoken announcement)
        during its November Required Monthly Test received from its LP-1
        monitoring source, WABC. The agent also had monitored WABC and
        confirmed that WABC properly transmitted the entire Required Monthly
        Test, including the Test Script.

     c. 47 C.F.R. S 73.1350(c)(2): "Monitoring equipment must be periodically
        calibrated so as to provide reliable indications of transmitter
        operating parameters with a known degree of accuracy." During the
        inspection, the agent determined that WSNR failed to calibrate its
        remote monitoring system so that it provided reliable indications of
        the transmitter's common point current. The station's remote
        monitoring system indicated a common point current value that was 4.2
        percent below the value indicated on the transmitter's common point
        current meter. Entries in the station log over several months showed
        similar inaccurate readings.

     d. 47 C.F.R. S 73.1590(a)(6): "The licensee of each AM, FM, TV and Class
        A TV station, except licensees of Class D non-commercial educational
        FM stations authorized to operate with 10 watts or less output power,
        must make equipment performance measurements for each main
        transmitter as follows: Annually, for AM stations, with not more than
        14 months between measurements." The WSNR contract engineer's records
        showed that the last equipment performance measurements were made
        from June 18 to June 20, 2005.

     e. 47 C.F.R. 73.44(b): "Emissions [of stations in the AM service]
        removed [from the carrier] by more than 75 kHz must be attenuated at
        least 43 + 10 Log (Power in watts) or 80 dB below the unmodulated
        carrier, whichever is the lesser attenuation." WSNR was operating at
        8,000 watts, and therefore any emissions removed from the carrier by
        more than 75 kHz must be attenuated 80 dB. Equipment performance
        records from June 20, 2005 showed that emissions at 1240 kHz were
        only 71.9 dB below the unmodulated carrier frequency of 620 kHz.

     f. 47 C.F.R. 73.1870(b)(3): "The designation of the chief operator must
        be in writing with a copy of the designation posted with the station
        license." During the inspection, the agent observed that there was no
        written designation of the chief operator.

     g. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible of the station records at least once each week to
        determine if required entries are being made correctly. Additionally,
        verification must be made that the station has been operated as
        required by the rules or the station authorization. Upon completion
        of the review, the chief operator or his designee must date and sign
        the log, initiate any corrective action which may be necessary, and
        advise the station licensee of any condition which is repetitive."
        There were no paper station logs located at the studio or
        transmitter, but according to the chief operator, an automated
        PC-based remote logging system is employed whereby he reviews the
        logs from a remote site. The chief operator stated that he does not
        actually physically sign or date the log. Although the chief operator
        has demonstrated the ability to access and review the logs remotely,
        a review of printouts of electronic logs sent to the FCC New York
        Office show no evidence that the logs are dated and signed on a
        weekly basis.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Rose City Radio
       Corporation 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 include a time line for completion of pending corrective
       action(s). The response must be complete in itself and signed by a
       principal or officer of Rose City Radio Corporation . All replies and
       documentation sent in response to this Notice should be marked with
       the File No. and NOV No. specified above, and mailed to the following

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Rose City Radio Corporation at its
       address of record.

    5. The Privacy Act of 1974 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.


   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

   P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission