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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Quinn Broadcasting Inc.
) File No.: EB-11-PA-0129
Licensee of Station WSNJ(AM)
) NAL/Acct. No.:
Bridgeton, New Jersey 201232400005
Licensee of Station WMVB(AM) FRN: 0004450680
Millville, New Jersey Facility ID # 12212
Owner of Antenna Structure Facility ID # 56183
ASR # 1208476
Bridgeton, New Jersey
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: May 25, 2012 Released: May 25, 2012
By the Acting District Director, Philadelphia Office, Northeast Region,
1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
we find that Quinn Broadcasting Inc. (Quinn), licensee of AM Station
WSNJ in Bridgeton, New Jersey and AM Station WMVB in Millville, New
Jersey (Stations) and owner of antenna structure number 1208476 in
Bridgeton, New Jersey (Antenna Structure), apparently willfully and
repeatedly violated Sections 73.3526(e)(12) and 17.57 of the
Commission's rules (Rules) by failing to maintain radio issues/program
lists in the Stations' public inspection files and failing to
immediately notify the Commission upon change in ownership
information. We conclude that Quinn is apparently liable for a
forfeiture in the amount of sixteen thousand dollars ($16,000). We
further direct Quinn to submit a written statement signed under
penalty of perjury stating that the Stations are now in compliance
with Section 73.3526(e)(12) of the Rules.
2. On June 28, 2011, in response to a complaint, agents from the
Enforcement Bureau's Philadelphia Office conducted an inspection at
the Stations' co-located main studio, which is located at 415 North
High Street in Millville, New Jersey. The agents conducted the
inspection with the Stations' General Manager and Chief Operator.
During the inspection, the agents found that the Stations' public
inspection files did not contain the quarterly radio issues/program
lists for the periods between April 1, 2009 and September 30, 2009 and
between January 1, 2010 and March 31, 2011, i.e., the public
inspection file for each station was missing a total of 7 quarters of
radio issues/program lists.
3. After conducting the main studio inspection, the agents inspected the
Antenna Structure for AM Station WSNJ. At the time of the inspection,
the Antenna Structure's registration specified that the owner was
Cohanzick Broadcasting Corporation, one of the former owners of
Station WSNJ. The agents later contacted Station WSNJ's General
Manager, who reported that Quinn Broadcasting has owned the Antenna
Structure number since 2004, when it acquired ownership of Station
4. Section 503(b) of the Communications Act of 1934, as amended (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. Section
312(f)(1) of the Act defines willful as the "conscious and deliberate
commission or omission of [any] act, irrespective of any intent to
violate" the law. The legislative history to Section 312(f)(1) of the
Act clarifies that this definition of willful applies to both Sections
312 and 503(b) of the Act and the Commission has so interpreted the
term in the Section 503(b) context. The Commission may also assess a
forfeiture for violations that are merely repeated, and not willful.
The term "repeated" means the commission or omission of such act more
than once or for more than one day.
A. Failure to Maintain Issues/Program Lists
5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules specifies that the
file shall be available for public inspection at any time during
regular business hours, and Section 73.3526(e)(12) of the Rules
specifically requires licensees to place in their public inspection
file 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 (known as the issues/programs list). The
issues/programs lists must include "a brief narrative describing what
issues were given significant treatment and the programming that
provided this treatment," including, but not limited to, the time,
date, duration, and title of each program in which the issue was
treated. Copies of the issues/programs list must be retained in the
public inspection file until final action has been taken on the
station's next license renewal application.
6. At the time of the inspection, Quinn was required to maintain in the
Stations' public inspection files all quarterly radio issues/programs
lists since the grant date of the latest renewal applications, which
occurred on May 26, 2006. During an inspection on June 28, 2011,
agents found that Quinn had not placed in the Stations' public
inspection files the issues/programs lists for the periods between
April 1, 2009 and September 30, 2009 and between January 1, 2010 and
March 31, 2011, a total of 7 quarters of radio issues/program lists
for each station. Accordingly, based on the evidence before us, we
find that Quinn apparently willfully and repeatedly violated Section
73.3526(e)(12) of the Rules by failing to maintain and make available
the required issues/programs lists in the public inspection file.
A. Failure to Update Antenna Structure Registration Database
7. Section 17.57 of the rules requires that the owner of an antenna
structure for which an Antenna Structure Registration Number has been
obtained must immediately notify the Commission upon any change in
ownership information. In February 2004, Quinn acquired ownership of
Station WSNJ and the associated Antenna Structure. At the time of the
inspection on June 22, 2011, one of the previous owners, Cohanzick
Broadcasting Corporation, was still listed as the owner on the antenna
structure registration. Accordingly, based on the evidence before us,
we find that Quinn apparently willfully and repeatedly violated
Section 17.57 of the Rules.
A. Proposed Forfeiture Amount and Reporting Requirements
8. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the rules, the base forfeiture amount for violation of the
public file rule is $10,000 and for failing to file required forms or
information is $3,000. 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, any history of prior
offenses, ability to pay, and other such matters as justice may
require. Because Quinn did not update the ownership information in the
Commission's antenna structure database until more than eight years
after purchasing the Antenna Structure, we conclude an upward
adjustment of $3,000 is warranted. Applying the Forfeiture Policy
Statement, Section 1.80 of the rules, and the statutory factors to the
instant case, we conclude that Quinn is apparently liable for a total
forfeiture of $16,000, consisting of $10,000 for violation of the
public file rule and $6,000 for failing to file required forms and
9. We direct Quinn to submit a statement, pursuant to Section 1.16 of the
Rules, signed under penalty of perjury by an officer or director of
Quinn stating that: (1) the Radio issues/program lists are being
compiled, and (2) the Radio issues/program lists are being placed in
the Stations' public inspection files by the tenth day of the
succeeding calendar quarter. This statement must be provided to the
Philadelphia Office at the address listed in paragraph 14 within
thirty (30) calendar days of the release date of this Notice of
Apparent Liability for Forfeiture and Order.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Commission's rules, Quinn Broadcasting
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of sixteen thousand dollars ($16,000) for violations of
Sections 73.3526(e)(12) and 17.57 of the Commission's rules.
11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture and Order,
Quinn Broadcasting Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
12. IT IS FURTHER ORDERED that Quinn Broadcasting Inc. SHALL SUBMIT a
sworn statement as described in paragraph 9 to the Enforcement Bureau
Office listed in paragraph 14 within thirty (30) calendar days of the
release date of this Notice of Apparent Liability for Forfeiture and
13. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the 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 by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001.
Regardless of the form of payment, 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. If you have questions regarding
payment procedures, please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Quinn
Broadcasting Inc. will send electronic notification on the date said
payment is made to NER-Response@fcc.gov.
14. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.80(f)(3) and 1.16 of the rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, Northeast
Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and include
the NAL/Acct. No. referenced in the caption. Quinn Broadcasting Inc.
also shall email the written response to NER-Response@fcc.gov.
15. 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
16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture and Order shall be sent by both Certified Mail, Return
Receipt Requested, and regular mail, to Quinn Broadcasting Inc. at 415
North High Street, Millville, New Jersey 08332.
FEDERAL COMMUNICATIONS COMMISSION
Acting District Director
Philadelphia District Office
47 C.F.R. S: 73.3526(e)(12) and 17.57.
There is no need for a written statement regarding the violation of
Section 17.57 of the Rules because the Antenna Structure's ownership
information has been updated.
The Antenna Structure is located at 1771 South Burlington Road, Bridgeton,
New Jersey at the coordinates 39o 27' 31.9" North Latitude 075o 12' 10.4
West Longitude and has an overall height above ground of 145.7 meters.
On February 14, 2002, the Commission granted the assignment of license
application for Station WSNJ transferring ownership from Cohanzick
Broadcasting Corporation to New Jersey Radio Partners, L.L.C. See File No.
BAL-20020102AAM. On February 12, 2004, the Commission granted the
assignment of license application for Station WSNJ transferring ownership
from New Jersey Radio Partners, L.L.C. to Quinn Broadcasting Inc. See File
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in Section 312] defines the terms `willful' and `repeated' for
purposes of Section 312, and for any other relevant Section of the act
(e.g., Section 503).... As defined ... `willful' means that the licensee
knew that he was doing the act in question, regardless of whether there
was an intent to violate the law. `Repeated' means more than once, or
where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
Sections 312 and 503, and are consistent with the Commission's application
of those terms ...").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) (Callais
Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
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." See Callais Cablevision, Inc.,16 FCC Rcd at 1362.
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
47 C.F.R. S: 73.3526(e)(12).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
See e.g., St. George Cable, Inc., 26 FCC Rcd 13520 (Enf. Bur. 2011)
(upwardly adjusting base forfeiture amount for failure to submit FCC Form
322 more than one year after being instructed to do so).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314, 1.80,
73.3526(e)(12) and 17.57.
See 47 C.F.R. S: 1.1914.
47 C.F.R. S:S: 1.16, 1.80(f)(3).
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Federal Communications Commission DA 12-831
Federal Communications Commission DA 12-831