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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-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,
   Enforcement Bureau:

   I. INTRODUCTION

    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.

   II. BACKGROUND

    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
       WSNJ.

   III. DISCUSSION

    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
       information.

    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
       Order.

   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
       documentation submitted.

   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

   Kevin Doyle

   Acting District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   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
   No. BAL-20031222ABS.

   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).

   Id.

   Id.

   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).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-831

                                       2

   Federal Communications Commission DA 12-831