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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-
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 

  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 

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 
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 

      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 

                                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.