Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                        CONSENT DECREE

 I.       Introduction

     1.   This Consent Decree is entered into by the 
 Enforcement Bureau of the Federal Communications 
 Commission and WVRM, Inc., licensee of noncommercial 
 educational Station WCNJ(FM), Hazlet, New Jersey.

 II. Definitions

     2.   For the purposes of this Consent Decree, the 
          following definitions shall apply:

         a)    ``WVRM'' refers to WVRM, Inc., and its 
           successors and assigns;

         b)    ``WVRM Principal'' means Jaspal Suri, the 
           current Chief Executive Officer and President of 

         c)     ``Bureau'' means the Enforcement Bureau of 
           the Federal Communications Commission;

         d)    ``Parties'' means the Bureau and WVRM;

         e)    ``Commission'' or ``FCC'' means the Federal 
           Communications Commission; 

         f)       ``Station'' means noncommercial 
           educational Station WCNJ(FM) (Facility ID No. 
           70644), licensed to Hazlet, New Jersey;

         g)    ``Act'' means the Communications Act of 1934, 
           as amended, 47 U.S.C.  151 et seq.;

         h)    ``Rules'' means the Commission's regulations 
           set forth in Title 47 of the Code of Federal 

         i)       ``Underwriting Laws'' means section 399B 
           of the Communications Act of 1934, 47 U.S.C.  
           399B, and section 73.503(d) of the Commission's 
           rules, 47 C.F.R.  73.503(d);

         j)      ``Complaints'' mean third-party complaints 
           received by, or in the possession of, the Bureau 
           alleging violation of the Underwriting Laws by 
           WVRM, dated August 14, 2002, and March 15, 2004;

         k)    ``Investigation'' means the investigation of 
           the allegations contained in the Complaints, 
           including the letters of inquiry from the Bureau 
           to WVRM, dated September 25, 2003, and August 5, 

         l)       ``Order'' means an order of the 
           Enforcement Bureau adopting this          
           Consent Decree;

         m)     ``Final Order'' means the status of the 
           Order after the period for  administrative and 
           judicial review has lapsed; and

         n)     ``Effective Date'' means the date on which 
           the Bureau releases the Order.

 III.     Background

     3.   The Bureau received the Complaints alleging that 
WVRM has broadcast certain material in violation of the 
Underwriting Laws over the Station.  The Bureau thereafter 
commenced the Investigation to determine whether WVRM may 
have violated the Underwriting Laws in connection with such 

     4.   WVRM has committed to complete the remedial 
measures and other undertakings contemplated by this Consent 

IV.  Agreement

     5.   WVRM and the Bureau agree to be legally bound by 
the terms and conditions of this Consent Decree.  WVRM and 
the Bureau each represent and warrant that its signatory is 
duly authorized to enter into this Consent Decree on its 
behalf.  WVRM agrees that the Bureau has jurisdiction over 
the matters contained in this Consent Decree.

     6.   The Parties agree that the provisions of this 
Consent Decree shall be subject to final approval by the 
Bureau by incorporation of such provisions by reference in 
an Order.  

     7.   The Parties agree that this Consent Decree shall 
become effective on the Effective Date.  Upon the Effective 
Date, the Order and this Consent Decree shall have the same 
force and effect as any other order of the Commission and 
any violation of the terms of this Consent Decree shall 
constitute a separate violation of a Commission order, 
entitling the Commission to exercise any rights and remedies 
attendant to the enforcement of a Commission order.

     8.   Both the Bureau and WVRM acknowledge that any 
proceeding that might result from the Investigation will be 
time consuming and will require the expenditure of public 
and private resources.

     9.   As part of the Order, the Bureau shall terminate 
the Investigation and shall dismiss with prejudice the 
Complaints.  From and after the Effective Date, the Bureau 
shall not, either on its own motion or in response to third-
party objection, initiate any inquiries, investigations, 
forfeiture proceedings, hearings, or other sanctions or 
actions against WVRM, its Principal, or the Station, based 
in whole or in part on (i) the Investigation, (ii) the 
Complaints, (iii) any other similar complaints alleging 
violation by WVRM of the Underwriting Laws, with respect to 
any broadcast of any of the announcements specified in the 
Complaint occurring prior to the Effective Date, or (iv) the 
allegations contained in any of the foregoing.  The Bureau 
agrees that, in the absence of material new evidence, it 
will not, on its own motion, initiate or recommend to the 
Commission, any new proceeding, formal or informal, 
regarding the matters discussed in paragraph 3, above, with 
regard to broadcasts prior to the Effective Date. The Bureau 
further agrees that, in the absence of material new 
evidence, it will not use the facts developed in this 
Investigation prior to the Effective Date to initiate on its 
own motion, or recommend to the Commission, any proceeding, 
formal or informal, or take any action on its own motion 
against WVRM with respect to its basic qualifications to be 
or remain a Commission licensee.  Nothing in this Consent 
Decree shall prevent the Bureau from instituting, or 
recommending to the Commission, new investigations or 
enforcement proceedings against WVRM, in the event of any 
alleged future misconduct for violation of this Consent 
Decree or for violation of the Act or the Commission's 
rules, consistent with the provisions of this Consent 

     10.  WVRM admits, solely for the purpose of this 
Consent Decree and for FCC civil enforcement purposes, and 
in express reliance on the provisions of paragraph 9 hereof, 
that the underwriting announcements at issue in the 
Investigation are in violation of the Underwriting Laws.  
Notwithstanding any other provision of this Consent Decree, 
it is expressly agreed and understood that if this Consent 
Decree is breached by the Bureau, or is invalidated or 
modified to WVRM's prejudice by the Commission or by any 
court, then the provisions of the immediately-preceding 
sentence shall be of no force or effect whatever, and WVRM 
shall not, by virtue of that sentence or any other provision 
of this Consent Decree, be deemed to have made any admission 
concerning any announcements broadcast on the Station.

     11.  The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between 
them concerning the Bureau's Investigation of the matters 
discussed in paragraph 3, above. 

     12.  In consideration of the Bureau's termination of 
its Investigation into these matters, WVRM agrees to the 
terms set forth herein.

     13.  WVRM will make a voluntary contribution to the 
United States Treasury in the amount of Ten Thousand Dollars 
($10,000), payable in installments in accordance with the 
schedule set forth on Table I, attached, which is 
incorporated herein and forms a part of this Consent Decree.  
WVRM will make each installment of this contribution on a 
timely basis without further protest or recourse, by check 
or similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
Acct. No. and FRN 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, Illinois 60661.  Payment by wire 
transfer may be made to ABA Number 071000013, receiving bank 
Bank One, and account number 1165259. 

     14.  As a further condition to this agreement, WVRM 
will institute and follow the terms of the Compliance Plan 
identified in the Attachment to this Consent Decree within 
thirty (30) days of the Effective Date.

     15.  WVRM agrees that it is required to comply with 
each individual condition of this Consent Decree.  Each 
specific condition is a separate condition of the Consent 
Decree as approved.  To the extent that WVRM fails to 
satisfy any condition, in the absence of Commission 
alteration of the condition, it will be deemed noncompliant 
and may be subject to possible enforcement action, 
including, but not limited to, designation of the matter for 
hearing, letters of admonishment, or forfeitures.

     16.  WVRM waives any and all rights it may have to seek 
administrative or judicial reconsideration, review, appeal 
or stay, or to otherwise challenge or contest the validity 
of this Consent Decree and the Order, provided the Order 
adopts the Consent Decree without change, addition or 

     17.  WVRM agrees to waive any claims it may otherwise 
have under the Equal Access to Justice Act, 5 U.S.C.  504 
and 47 C.F.R.  1.1501 et seq., relating to the matters 
discussed in this Consent Decree.

     18.  If any Party (or the United States on behalf of 
the FCC) brings a judicial action to enforce the terms of 
the Order, neither WVRM nor the FCC shall contest the 
continuing validity of the Consent Decree or Order.  WVRM 
and the Commission further agree that they will waive any 
statutory right to a trial de novo with respect to any 
matter upon which the Order is based (provided in each case 
that the Order is limited to adopting the Consent Decree 
without change, addition, or modification), and that they 
will consent to a judgment incorporating the terms of this 
Consent Decree.  

     19.  In the event that this Consent Decree is rendered 
invalid by any court of competent jurisdiction, this Consent 
Decree shall become null and void and may not be used in any 
manner in any legal proceeding.

     20.  This Consent Decree may be signed in counterparts 
and/or by telecopy and, when so executed, the counterparts, 
taken together, will constitute a legally binding and 
enforceable instrument whether executed by telecopy or by 
original signatures.


________________________________             _______________
David H. Solomon, Chief                           Date


Jaspal Suri, Chief Executive Officer and President          

                       Compliance Plan

   To ensure Station WCNJ(FM)'s full compliance with the 
Commission's underwriting laws, WVRM will do the following:

   1.     WVRM has established and will maintain a multi-
      level review procedure for underwriting content to be 
      aired on station WCNJ(FM), Hazlet, New Jersey.  All 
      scripts of announcements will be reviewed, prior to 
      broadcast, for compliance with FCC underwriting rules 
      and regulations by:  (i) General Manager; (ii) 
      President; (iii) an outside consultant familiar with 
      the Underwriting Laws; and (iv) if there is 
      uncertainty as to the legality of such announcement, 
      then outside communications counsel.

   2.     WVRM has conducted and will conduct training on 
      acceptable underwriting content for all station 
      management and staff responsible for underwriting 
      content.  To augment this training, an outside 
      consultant has conducted an on-site training session 
      for the foregoing station's staff and management with 
      respect to practical application of the underwriting 
      content standards and guidelines.  Outside counsel, or 
      other comparable professionals, will conduct a second 
      on-site workshop in 2005.  the station will videotape 
      this workshop and use it as refresher training for 
      staff and management at least once every twelve (12) 
      months, include it as a mandatory part of underwriting 
      sales executive training, and use it to train any new 
      station employees involved in underwriting promptly 
      after they commence their duties.

   3.     WVRM has also implemented and will maintain a plan 
      to proactively educate prospective underwriting 
      clients about appropriate underwriting content.  To 
      that end, underwriting account executives are and will 
      be required to provide an overview of underwriting 
      announcement guidelines to prospective clients before 
      contracts are accepted.

   4.To oversee operations and maintain the appropriate 
     management and control of the station, WVRM will 
     continue to maintain a minimum of the following level 
     of management personnel at the Station, which is 
     primarily operated by volunteers.  Currently, WVRM 
     maintains the following full-time paid station staff:  
     Chief Executive Officer and President, and a General 

                           Table I

                      Payment Schedule

               Date                   Amount
      March 14, 2005           $2,000
      April 14, 2005           $1,000
      May 13, 2005             $1,000
      June 14, 2005            $1,000
      July 14, 2005            $1,000
      August 15, 2005          $1,000
      September 14, 2005       $1,000
      October 14, 2005         $1,000
      November 14, 2005        $1,000