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.


                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                 )
WZK, LLC                         )         File No. EB-05-
Licensee of Radio Station WCZT   )
Facility ID # 39914              )         NOV           No. 
Villas, New Jersey               )

                     NOTICE OF VIOLATION

                                        Released:  November 
28, 2005

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 Rules1 to 
     WZK, LLC (``WZK), the licensee of FM Broadcast station 
     WCZT and Aural Studio Transmitter Link station WMG542 
     in Wildwood, NJ.    

   2.     On August 15, 2005, an agent of the Commission's 
     Philadelphia Office inspected stations WCZT and WMG542 
     located at 3208 Pacific Avenue, Wildwood, New Jersey 
     and observed the following violations:

   2.a.      47 C.F.R.  1.903(a): ``Stations in the 
             Wireless Radio Service 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.''  The license for station WMG542 
             authorizes WZK to operate on the frequency 
             946.0 MHz.  During the inspection on 
             August 15, 2005, the agent found that WZK 
             was operating station WMG542 on the 
             unauthorized frequency of 946.5 MHz.  

   2.b.      47 C.F.R.  11.52(d): ``Broadcast stations 
             and cable systems and wireless cable 
             systems 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.''  During the 
             inspection, the agent found that WCZT was 
             monitoring only one EAS source.  

   2.c.      47 C.F.R.  73.1226(a): ``Station records 
             and logs shall be made available for 
             inspection or duplication at the request 
             of the FCC or its representative.''  
             During the inspection, the General Manager 
             of station WCZT informed the agent that 
             the EAS records were not available for 
             inspection because they were locked in the 
             office of the station's Program Director.  

   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, WZK, LLC must submit a written 
     statement concerning this matter within twenty (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 WZK, LLC.  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

   4.     This Notice shall be sent to WZK, LLC at its 
     address of record.

   5.     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


                         John E. Rahtes
                         District Director
                         Philadelphia Office
                         Northeast Region
                         Enforcement Bureau

147 C.F.R.  1.89.

247 U.S.C.  308(b).

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

418 U.S.C.  1001 et seq.