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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Morris B/C Company of N.J., Inc. ) File No. EB-03-
NY-381
Licensee of Radio Station WIMG )
Trenton, NJ ) NOV No. V20043238003
NOTICE OF VIOLATION
Released: December
2, 2003
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Morris B/C Company of N.J., Inc., licensee of radio station
WIMG.
2. On November 4, 2003, agents of the Commission's New
York and Philadelphia Offices inspected radio station WIMG-
AM located in Trenton, New Jersey and observed the following
violations:
a. 47 C.F.R. § 1.903(a): ``Stations in the Wireless
Radio Services must be used and operated only in
accordance with the rules applicable to their
particular service as set forth in this title and
with a valid authorization granted by the
Commission under the provisions of this part,
except as specified in paragraph (b) of this
section.'' At the time of inspection, station
WIMG-AM operated their Studio Transmitter Link
("STL") on 949.50 MHz at their main studio, which
is an unauthorized location. WIMG-AM license,
WMU826, specifies that Morris B/C Company of N.J.,
Inc. operate a STL on 949.50 MHz at 555 West
Ingham Avenue, Ewing, New Jersey.
b. 47 C.F.R. § 11.52(d): ````Broadcast stations ...
must monitor two EAS sources. The monitoring
assignments of each broadcast station ... are
specified in the State EAS Plan and FCC Mapbook.
They are developed in accordance with FCC
monitoring priorities.'''' At the time of
inspection, station WIMG-AM was monitoring station
WPST-FM and the National Weather Service as EAS
sources. However, the station must also monitor
station WKDN-FM, according to the New Jersey State
Plan.
``''
c. 47 C.F.R. § 11.61(b): ````Entries shall be made
in broadcast station ... records as specified in §
11.54(b)(12).'''' At the time of inspection,
station WIMG-AM's records failed to show why it
did not receive the weekly tests from WPST-FM
between September 7 and September 13, 2003 and
between October 5 to October 20, 2003.
d. 47 C.F.R. § 73.1745(a): ``No broadcast
station shall operate at times, or with
modes or power, other than those specified
and made part of the license ...'' WIMG-
AM's logs demonstrate that on October 1, 2,
4, 8, 9, 30 and November 1, 2003, the
station was operating with daytime power
during nighttime hours.
e. 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.
Agreements with chief operators serving on
a contract basis must be in writing with a
copy kept in the station files.'''' At the
time of inspection, there was no
designation of the chief operator in
writing.
f. 47 C.F.R. § 73.1870(c)(3): ````Review of
the station logs 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.''''
At the time of inspection, the chief
operator failed to review, sign and date
logs from September 1 to November 4, 2003.
``''``''
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Morris B/C Company of N.J., Inc. must submit a written statement
concerning this matter within 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 the owner with personal knowledge of the matter. 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
3. This Notice shall be sent to Morris B/C Company of
N.J., Inc., 1842 South Broad Street, Trenton, NJ 08610.
4. The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
- Unhandled Picture -
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.