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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-NY-272
Millennium Shore License Holdco, LLC )
Licensee of Radio Station WADB ) NOV No. V20073238017
Asbury Park, NJ1239609 )
NOTICE OF VIOLATION
Released: January 19, 2007
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Millennium Shore License Holdco,
LLC , licensee of radio station WADB, Asbury Park, NJ.
2. On November 14, 2006, an agent of the Commission's New York Office
inspected radio station WADB, and observed the following violations:
a. 47 C.F.R. S 73.1590(a)(6): "The licensee of each AM, FM, TV and Class
A TV station, except licensees of Class D non-commercial educational
FM stations authorized to operate with 10 watts or less output power,
must make equipment performance measurements for each main
transmitter as follows: Annually, for AM stations, with not more than
14 months between measurements." At the time of inspection, the last
equipment performance measurements on file were dated July 26, 2005.
b. 47 C.F.R. S 73.62(a): "Each AM station operating a directional
antenna must maintain the indicated relative amplitudes of the
antenna monitor currents within 5% of the values specified therein.
Directional antenna relative phase currents must be maintained to
within 3 degrees of the values specified on the instrument of
authorization." The relative current amplitude ratios for towers 1,
3, and 4 with respect to reference tower 2 all measured at least
19.3% above the authorized ratios in both day and night modes,
exceeding the allowable 5% tolerance. The observed values are
summarized in the following table:
Mode Day Night
Tower # 1 3 4 1 3 4
Sample Current Ratio 1.379 1.413 1.693 0.920 0.691 0.697
Authorized Ratio 1.153 1.167 1.331 0.771 0.560 0.550
Deviation (%) 19.6% 21.0% 27.2% 19.3% 23.3% 26.7%
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Millennium Shore
License Holdco, 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 Millennium Shore License Holdco,
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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Millennium Shore License Holdco, LLC at
its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission