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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 ) FRN 0003-77-1698
Facility ID # 24658 )
Adopted: May 16, 2006 Released: May 18, 2006
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to WTMR License Limited
Partnership, licensee of AM station WTMR, Camden, New Jersey for
willful and repeated violation of Section 73.1745(a) of the
Commission's Rules ("Rules"). The noted violation involves the
operation of WTMR at a power of more than 500 watts during nighttime
hours, in direct contravention of the terms of the station
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
4. On April 19, 2005, the Philadelphia Office issued a Notice of Apparent
Liability for Forfeiture to WTMR for apparent willful and repeated
violation of Section 73.1745(a) of the Rules for failure to reduce
power to the authorized nighttime levels, in direct contravention of
its station authorization. WTMR submitted a response to the NAL on May
31, 2005. WTMR does not dispute the findings in the NAL, but claims
that a cancellation or reduction is warranted because the extent and
gravity of this violation is much less than other cases in which
$4,000 forfeitures have been assessed. WTMR further describes its
violation as a "comparatively minor infraction" and points to remedial
efforts it has taken since the issuance of the NAL.
5. The forfeiture amount proposed in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended
("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines. In assessing forfeitures,
Section 503(b)(2)(D) of the Act requires that we take into account the
nature, circumstances, extent and gravity of the violation and, with
respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and such other matters as justice may
6. We disagree with WTMR that its failure to reduce power to its
authorized nighttime power is a "comparatively minor infraction." The
Commission consistently has found that "[u]nauthorized pre-sunrise
operation, because of its potential for interference to other
broadcast stations, has always been considered a serious matter. . .
." Moreover, contrary to WTMR's claim, the assessment of the $4,000
base forfeiture amount for the violation at issue here is appropriate
and consistent with Bureau precedent. Finally, we decline to reduce or
cancel the forfeiture based on WTMR's remedial efforts, which took
place after the FCC agents' July 2004 inspection. The Commission
consistently has held that corrective action taken to come into
compliance with the Rules is expected, and does not nullify or
mitigate any prior forfeitures or violations.
7. We have examined WTMR's response to the NAL pursuant to the statutory
factors above and in conjunction with the Policy Statement. As a
result of our review, and based on the record before us, we conclude
that WTMR willfully and repeatedly violated Section 73.1745(a) of the
Rules. Considering the entire record and the factors listed above, we
find that neither reduction nor cancellation of the proposed $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(f)(4) of the Rules, WTMR License Limited Partnership IS LIABLE
FOR A MONETARY FORFEITURE in the amount of four thousand dollars
($4,000) for willful and repeated violated of Section 73.1745(a) of
9. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) days of the release of
this Order. If the forfeiture is not paid within the period specified,
that case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act. 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 Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 445
12th Street, S.W., Room 1A625, Washington, D.C. 20554.
10. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by Certified Mail, Return Receipt Requested, and regular mail, to
WTMR License Limited Partnership at its address of record and to
counsel for WTMR License Limited Partnership at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
47 C.F.R. S 73.1745(a).
WTMR License Limited Partnership, Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 200532400003 (Enf. Bur., Philadelphia Office,
April 19, 2005) ("NAL").
WTMR's response to the NAL initially was due on May 19, 2005, but WTMR
received from the District Director of the Philadelphia Office an
extension of time to file the response.
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
47 U.S.C. S 503(b)(2)(D).
See Radio 810 Nashville, Memorandum Opinion and Order, 19 FCC Rcd 10983
(2004) para. 12, citing Hale Broadcasting Corporation, 79 FCC 2d 169
(1980). Because of the concerns regarding potential interference, we do
not believe, as WTMR seems to suggest, that whether an actual complaint of
interference has been received, should have a bearing on whether to apply
the base forfeiture amount for over power operation.
See e.g., Radio 810 Nashville, supra ($4,000 assessed for failure to
reduce to nighttime power level on two days until fifty-five minutes after
sunset); Pilgrim Communications, Inc., Memorandum Opinion and Order, 2005
WL 2138617 (2005) ($4,000 forfeiture assessed for failure to reduce to
nighttime power level on one day until forty-five minutes after sunset);
RJM Communications, Inc., 19 FCC Rcd 1901 (2004) ($4,000 forfeiture
proposed for failure to reduce power until two and one-half hours after
sunset on one day and until approximately one and one-half hours after
sunset on a second day (proposed forfeiture was reduced based on inability
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U. S. C. S 504(a).
See 47 C.F.R. S 1.1914.
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Federal Communications Commission DA 06-1046
Federal Communications Commission DA 06-1046