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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )                               
                                                                         
     James J. Chladek                    )   File No. EB-08-NY-0093      
                                                                         
     Licensee of AM Radio Station WXMC   )   NAL/Acct. No. 200832380011  
                                                                         
     Parsippany-Troy Hill, New Jersey    )   FRN:  0004  8028  80        
                                                                         
     Facility ID # 29957                 )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released:  June 19, 2008

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that James J. Chladek ("Chladek"), licensee of AM radio station WXMC
       in Parsippany-Troy Hill, New Jersey, apparently willfully and
       repeatedly violated Section 73.3526(e)(12) of the Commission's Rules
       ("Rules) by failing to maintain radio issues/programs lists in the
       public inspection file. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Chladek is
       apparently liable for a forfeiture in the amount of  four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On his most recent license renewal application (File No.
       BRED-20060201AQA) for station WXMC, granted May 26, 2006, Chladek
       certified that the station's quarterly issues/programs lists had not
       been timely placed in the public inspection file, and that the
       licensee has taken corrective steps to ensure that all necessary
       documentation required to be kept in the file has been, or will
       immediately be, placed in the file.

    3. On March 17, 2008, an agent from the Commission's New York Office
       conducted an inspection of radio station WXMC's main studio and
       transmitter located at 1 Percypenny Lane, Parsippany, New Jersey. The
       inspection was conducted with the station's alternate chief operator
       and the manager of the leased-time entity. The agent also spoke to the
       chief operator by phone during the inspection. The agent inspected the
       station's public file and found that it did not contain any quarterly
       radio issues/programs lists. The chief operator, alternate chief
       operator, and station manager all admitted to the agent that the
       station did not have any issues/programs lists. The agent advised the
       chief operator, alternate chief operator, and station manager of the
       violation. The chief operator stated that the required items will be
       placed in the public file.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 73.3526(e)(12) of the Rules requires licensees to place in
       their public inspection file, for each calendar quarter, a list of
       programs that have provided the station's most significant treatment
       of community issues during the preceding three month period. Copies of
       the lists must be retained in the public inspection file until final
       action has been taken on the station's next license renewal
       application.  The list shall include a brief narrative describing what
       issues were given significant treatment and the programming that
       provided this treatment. The description of the programs shall
       include, but shall not be limited to, the time, date, duration, and
       title of each program in which the issue was treated. On March 17,
       2008, an agent inspected WXMC's main studio and found that the file
       did not contain quarterly radio issues/programs lists. During the
       inspection, the chief operator and alternate chief operator both
       admitted to the agent that the station did not maintain any
       issues/programs lists. Because Chladek failed to maintain
       issues/programs lists even after certifying in the station's 2006
       renewal application that such lists would be maintained, we find that
       Chladek's violation was willful. The violation continued for more than
       one day; therefore, the violation was repeated. Accordingly, based on
       the evidence before us, we find that Chladek apparently willfully and
       repeatedly violated Section 73.3526(e)(12) of the Rules by failing to
       maintain radio issues/programs lists in the public inspection file.

    6. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of the public file rule is
       $10,000. Because Chladek's public file was mostly complete, we
       conclude a reduction in the base forfeiture amount for the public file
       violation to $4,000 is appropriate. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in Section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement, Section 1.80,
       and the statutory factors to the instant case, we conclude that
       Chladek is apparently liable for a $4,000 forfeiture.

   IV.  ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       .314 and 1.80 of the Commission's Rules, James J. Chladek is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Section 73.3526(e)(12)
       the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, James J. Chladek SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures. Chladek shall also send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
       referenced in the caption. An electronic copy shall be sent to
       NER-Response@fcc.gov.

   11. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to James J. Chladek at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Enforcement Bureau

   47 C.F.R. S: 73.3526(e)(12).

   47 U.S.C. S: 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.3526(e)(12).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   73.3526(e)(12).

   Federal Communications Commission

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   Federal Communications Commission