******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   Forsythe Broadcasting, LLC ) File No.: EB-FIELDNER-14-00014481

   Licensee of Station WNJC )

   ) NOV No.: V201432400019

   Washington Township, New Jersey )

   )

   NOTICE OF VIOLATION

   Released: April  10, 2014

   By the 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 Forsythe Broadcasting, LLC
       (Forsythe Broadcasting), licensee of AM Broadcast Station WNJC in
       Washington Township, New Jersey. Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violations noted herein.^

    2. On March 7, 2014, agents of the Enforcement Bureau's Philadelphia
       Office conducted an inspection of Station WNJC's main studio located
       at 123 Egg Harbor Road, Sewell, New Jersey and observed the following
       violations:

     a. 47 C.F.R. S 73.1560(d): "In the event it becomes technically
        impossible to operate at authorized power, a broadcast station may
        operate at reduced power for a period of not more than 30 days
        without specific authority from the FCC. If operation at reduced
        power will exceed 10 consecutive days, notification must be made to
        the FCC in Washington, DC, not later than 10^th day of the lower
        power operation." Based on a review of Station WNJC's station logs
        and information from station staff, the agent determined that
        Forsythe Broadcasting operated Station WNJC at reduced power between
        January 1, 2014 and February 20, 2014, a period of more than 10
        consecutive days, without notifying the Commission in writing as
        required.

     b. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted EAS messages. (a) On or by June 30, 2012, EAS
        Participants must have deployed operational equipment that is capable
        of the following:

   (1) Acquiring EAS alert messages in accordance with the monitoring
   requirements in S11.52(d)(2); (2) Converting EAS alert messages that have
   been formatted pursuant to the Organization for the Advancement of
   Structured Information Standards (OASIS) Common Alerting Protocol..."
   During the inspection conducted on March 7, 2014, WNJC did not have the
   required CAP-formatted EAS equipment.^

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       cable operators 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 cable system operators.
       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 violations and any remedial actions taken.
       Therefore, Forsythe Broadcasting 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, (iii) must specify whether EAS CAP equipment
       has been installed or ordered and (iv) 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 Forsythe
       Broadcasting to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Forsythe Broadcasting with personal knowledge of
       the representations provided in Forsythe Broadcasting'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 Office, Suite 404

   2300 E. Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Forsythe Broadcasting, LLC 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ 47 C.F.R. S 11.56. Review of the Emergency Alert System, 77 Fed. Reg.
   16688, 16706 (Mar. 22, 2012), as amended, 77 FR 26701, 26703, (May 7,
   2012).

   ^ 47 U.S.C. S 403.

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

   ^ Section 1.16 of the 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

   2

   Federal Communications Commission