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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Quinn Broadcasting, Inc. ) File No. EB-11-PA-0143

   Licensee of AM Station WMVB )

   Facility ID # 56183 ) NOV No. V201232400039

   Millville, New Jersey )


                              NOTICE OF VIOLATION

   Released: May 25, 2012

   By the Acting District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules) to Quinn Broadcasting, Inc (Quinn),
       licensee of AM Station WMVB in Millville, New Jersey. This Notice may
       be combined with a further action, if further action is warranted.

    2. On June 28, 2011, agents of the Commission's Philadelphia Office
       inspected AM Station WMVB in Millville, New Jersey and observed the
       following violations:

     a. 47 C.F.R. S: 11.52(d): "EAS Participants ... must monitor two EAS
        sources. The monitoring assignments of each broadcast station ... are
        specified in the State EAS Plan and FCC Mapbook. They are developed
        in accordance with FCC monitoring priorities." The Emergency Alert
        System Plan for New Jersey specifies that WMVB must monitor WENJ
        Millville 97.3 FM as well as a Primary Entry Point Station. At the
        time of inspection, the agents observed that WMVB was not monitoring
        a Primary Entry Point Station.

     b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received must be made in the broadcast
        station log as specified in Sections 73.1820 and 73.1840 of this
        chapter for all broadcast streams . . . . " At the time of
        inspection, the agents observed that WMVB's EAS system did not
        properly record EAS test information and appropriate entries were not
        made in the station logs indicating the reasons why the EAS tests
        were not received.

     c. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the
        station records at least once each week to determine if required
        entries are being made correctly. Additionally, verification must be
        made that the station has been operated as required by the rules or
        the station authorization. Upon completion of the review, the chief
        operator or his designee must date and sign the log, initiate any
        corrective action which may be necessary, and advise the station
        licensee of any condition which is repetitive." At the time of
        inspection, the station logs were not being signed and dated by the
        chief operator.

     d. 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." Station WMVB's equipment
        performance measurements were not available at the time of

     e. 47 C.F.R. S:  73.1870(b)(3): "The designation of the chief operator
        must be in writing with a copy of the designation posted with the
        station license." At the time of inspection, there was no written
        designation posted with the station license designating the chief

     f. 47 C.F.R. S:  73.1350(c) (2) "Monitoring equipment must be
        periodically calibrated so as to provide reliable indications of
        transmitter operating parameters with a known degree of accuracy.
        Errors inherent in monitoring equipment and the calibration procedure
        must be taken into account when adjusting operating parameters to
        ensure that the limits imposed by the technical rules and the station
        authorization are not exceeded." At the time of inspection, WMVB's
        antenna monitor was not functioning properly and was indicating that
        the antenna phase was out of tolerance. The WMVB chief operator
        admitted that the monitor was not functioning properly and was unable
        to determine the last time the meter was calibrated.

     g. 47 C,F,R. S: 73.1560(a)(1): "[t]he antenna input power of an AM
        station as determined by the procedures specified in S:73.51 must be
        maintained as near as is practicable to the authorized antenna input
        power and may not be less than 90% nor more than 105% of the
        authorized power." Station WMVB's authorization specifies a daytime
        power of 1081 watts. The agents determined that at the time of
        inspection, WMVB's transmitter power was 1151 watts without
        modulation, which resulted in operation at 106.5% of authorized

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.  Pursuant
       to Section 403 of the Communications Act of 1934, as amended, and
       Section 1.89 of the Rules, we seek additional information concerning
       the violation(s) and any remedial actions the station may have taken. 
       Therefore, Quinn must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Rules, we direct Quinn to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Quinn with personal knowledge of the representations provided in
       Quinn's response, verifying the truth and accuracy of the information
       therein, and confirming that all of the information requested by this
       Notice which is in the licensee's possession, custody, control, or
       knowledge has been produced. To knowingly and willfully make any false
       statement or conceal any material fact in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.

    5. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Quinn Broadcasting, Inc. at its address
       of record.

    7. 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.


   Kevin Doyle

   Acting District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   At the time of inspection, the EAS unit was not properly recording
   date/time information of the received EAS tests, as it would reset its
   calendar every time it lost power. As a result, it was impossible to
   determine if EAS tests were being received and sent within the proper time

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

                       Federal Communications Commission


                       Federal Communications Commission