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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   WTMR License Limited Partnership ) File No.: EB-FIELDNER-13-00012406


   Licensee of AM Station WTMR ) NOV No.: V201432400007


   Camden, New Jersey ) Facility ID: 24658


                              NOTICE OF VIOLATION

   Released: December 20, 2013

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to WTMR License Limited Partnership
       (WTMR LLP), licensee of AM Station WTMR in Camden, New Jersey.
       Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
       not preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violations noted herein.^

    2. On November 26, 2013, an agent of the Enforcement Bureau's
       Philadelphia Office inspected AM Station WTMR located at 2775 Mount
       Ephraim Road, Camden, New Jersey and observed the following

     a. 47 C.F.R S 73.1590(a)(6): " The licensee of each AM, FM, TV and Class
        A TV stations, 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 annually, for AM stations, with not more than 14 months
        between measurements." According to the station records inspected by
        the agent, and subsequently confirmed by station personnel, WTMR LLP
        had not done the required equipment performance measurements since
        August 23, 2012.

     b. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        S11.61(a)(1) and (2). Appropriate entries indicating reasons why any
        tests were not received must be made in the broadcast station log as
        specified in SS73.1820 and 73.1840 of this chapter for all broadcast
        streams ...." At the time of the inspection, there were no entries in
        the WTMR station logs indicating receipt and retransmission of the
        required monthly tests during the month of November 2013. In
        addition, there were no entries in the WTMR station logs indicating
        the reason why the RMT's were not received and retransmitted.^

     c. 47 C.F.R. S 11.52(d)(1): "With respect to monitoring for EAS messages
        that are formatted in accordance with the EAS Protocol, EAS
        Participants must monitor two EAS sources. The monitoring assignments
        of each broadcast station and cable system and wireless cable system
        are specified in the State EAS Plan and FCC Mapbook. They are
        developed in accordance with FCC monitoring priorities." At the time
        of the inspection, Station WTMR was monitoring only one EAS

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.

    4. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, WTMR LLP must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    5. In accordance with Section 1.16 of the Rules, we direct WTMR LLP to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       WTMR LLP with personal knowledge of the representations provided in
       WTMR LLP's response, verifying the truth and accuracy of the
       information therein,^ and confirming that all of the information
       requested by this Notice which is in the licensee's possession,
       custody, control, or knowledge has been produced. To knowingly and
       willfully make any false statement or conceal any material fact in
       reply to this Notice is punishable by fine or imprisonment under Title
       18 of the U.S. Code.^

    6. 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 address:

   Federal Communications Commission

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    7. This Notice shall be sent to WTMR License Limited Partnership at its
       address of record.

    8. 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.


   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Station WTMR was monitoring FM Station WKVP on 106.9 MHz as one of its
   EAS monitoring assignments. Agents confirmed with Educational Media
   Foundation, the licensee of FM Station WKVP, that it transmitted Required
   Monthly Tests on November 21, 2013 at 10:59 a.m. and November 19, 2013 at
   11:29 a.m.

   ^ Station WTMR had equipment to monitor New Jersey Public Broadcasting
   Authority's Digital Television Station WNJS on Channel 23.1 but the
   equipment indicated a loss of signal.

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission