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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Brookdale Community College ) File No. EB-08-NY-0115
Licensee of Radio Station WBJB-FM )
Facility ID # 7116 ) NOV No. V200832380013
Lyncroft, New Jersey )
)
)
NOTICE OF VIOLATION
Released: March 31, 2008
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 Brookdale Community College,
licensee of radio station WBJB-FM in Lyncroft, New Jersey.
2. On March 19, 2008, agents of the Enforcement Bureau's New York Office
inspected station WBJB-FM located in Lyncroft, New Jersey, and
observed the following violations:
a. 47 C.F.R. S: 73.3527(e)(1): The material to be retained in the public
inspection file includes "[a] copy of the current FCC authorization
to construct or operate the station, as well as any other documents
necessary to reflect any modifications thereto or any conditions that
the FCC has placed on the authorization." At the time of inspection,
WBJB-FM's public inspection file did not contain the current
authorization, nor was the station able to provide it to the agent
upon request.
b. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time
of inspection, the broadcast station records contained no entries
documenting the transmission of the required weekly tests from February 7,
2008 through February 15, 2008, and no reasons why tests were not
conducted. There was no record of a monthly test being received and
transmitted in the month of February 2008, and no entry was found
indicating the reason why the monthly test had not been received and
transmitted.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Brookdale Community College., 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
licensee. 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
New York, New York 10014
4. This Notice shall be sent to Brookdale Community College 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 District 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