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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WVRM, Inc. ) File No. EB-07-NY-114
Licensee of Radio Station WDDM )
Hazlet, New Jersey ) NOV No. V20073238042
NOTICE OF VIOLATION
June 13, 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 WVRM, Inc. (WDDM) licensee of radio
station WDDM, Hazlet, New Jersey.
2. On May 11, 2007, an agent of the Commission's New York Office
inspected WDDM's main studio in Edison, New Jersey and transmitter
site in Holmdel, New Jersey, and observed the following violations:
a. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
station log as required by S 73.1820." At the time of inspection, the
required station log was not available for inspection.
b. 47 C.F.R. S 73.1350 (b)(2): "The transmitter control personnel must
have the capability to turn the transmitter off at all times." On May
11, 2007, the station owner stated that the station's method for
turning off the transmitter was to disconnect the telephone line
transmitting audio to the transmitter. This method eliminated the
modulation, but did not turn off the unmodulated carrier and
therefore the station did not have effective control of the
transmitter.
c. 47 C.F.R. S 73.1560 (b): "FM stations operating with authorized
transmitter output power of 10 watts or less, may operate at less
than the authorized power, but not more than 105% of the authorized
power." The Special Temporary Authority issued on January 10, 2007,
specified a transmitter power output of 9.3 watts. During the
inspection, the transmitter output power was measured at 12.5 watts,
which constitutes 134% of the authorized transmitter power output.
d. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A
TV broadcast station must designate a person to serve as the
station's chief operator." At the time of inspection, there was no
chief operator designation available
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, WVRM, Inc., 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
tower owner. 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, New York 10014
4. This Notice shall be sent to WVRM, Inc. 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.
2
Federal Communications Commission