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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 Radio Station WXMC )

   Facility ID # 29957 ) NOV No. V200832380035

   Parsippany-Troy Hill, New Jersey )



                              NOTICE OF VIOLATION

                                                      Released: June 19, 2008

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to James J. Chladek, licensee of radio
       station WXMC in Parsippany-Troy Hill, New Jersey.

    2. On March 17, 2008, an agent of the Commission's New York Office
       inspected radio station WXMC located at 1 Percypenny Lane, Parsippany,
       New Jersey, and observed the following violations:

     a. 47 C.F.R. S: 73.3526(e)(9): "Every permittee or licensee of an AM,
        FM, TV or Class A TV station in the commercial broadcast services
        shall maintain a public inspection file containing...[l]etters and
        e-mail from the public.   All written comments and suggestions
        received from the public regarding operation of the station, unless
        the letter writer has requested that the letter not be made public or
        when the licensee feels that it should be excluded from public
        inspection because of the nature of its content, such as a defamatory
        or obscene letter. Letters and electronic mail messages shall be
        retained for a period of three years from the date on which they are
        received by the licensee." At the time of inspection, the public
        inspection file did not contain letters and e-mails received from the

     b. 47 C.F.R. S: 73.3526(e)(14): "Every permittee or licensee of an AM,
        FM, TV or Class A TV station in the commercial broadcast services
        shall maintain a public inspection file containing...[r]adio and
        television time brokerage agreements. For commercial radio and
        television stations, a copy of every agreement or contract involving
        time brokerage of the licensee's station or of another station by the
        licensee, whether the agreement involves stations in the same markets
        or in differing markets, with confidential or proprietary information
        redacted where appropriate. These records shall be retained as long
        as the contract or agreement is in force." At the time of inspection,
        the public inspection file did not contain a copy of an active time
        brokerage agreement.

     c. 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,
        there were no equipment performance measurements available for

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, James J. Chladek
       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 James J.
       Chladek. 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 James J. Chladek  at his address of

    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.


   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


                       Federal Communications Commission