Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Multicultural Radio Broadcasting Licensee, LLC ) File Nos. EB-09-NY-0303 Licensee of ) EB-09-NY-0304 ) EB-09-NY-0305 AM Radio Station WPAT ) EB-09-NY-0308 Facility ID #51661 ) Paterson, New Jersey ) ) NOV No. V201032380010 AM Radio Station WNSW ) Facility ID #73332 ) Newark, New Jersey ) ) AM Radio station WWRU ) Facility ID #87123 ) Jersey City, New Jersey ) ) AM Radio Station WKDM ) Facility ID #71137 ) New York, New York ) NOTICE OF VIOLATION Released: March 4, 2010 By the District Director, New York Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules1 to Multicultural Radio Broadcasting Licensee, LLC (“Multicultural”), licensee of radio stations WPAT in Paterson, New Jersey; WNSW in Newark, New Jersey; WWRU in Jersey City, New Jersey; and WKDM in New York, New York. 2. On October 15, 2009 an agent of the Enforcement Bureau's New York Office inspected AM Radio Stations WPAT, WNSW, WWRU, and WKDM at the main studio in New York, New York, and observed the following violations: a. 47 C.F.R. § 73.3526(e)(5): A station must retain in its public inspection file “[a] copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is 1 47 C.F.R. § 1.89. Federal Communications Commission accurate …. These materials shall be retained until a new, complete ownership report is filed. .” At the time of inspection, the public files for stations WPAT, WNSW, WWRU, and WKDM, contained only an ownership report from 2005. There were no current statements certifying that the 2005 ownership report is accurate. b. 47 C.F.R. § 73.3526(e)(12): “For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period. [. .] The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station’s license renewal application.” At the time of inspection, station WWRU’s public inspection file did not contain the issues/programs list for the second quarter of 2009. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Multicultural 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 a principal or officer of the licensee. 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 New York, New York 10014 4. This Notice shall be sent to Multicultural Radio Broadcasting Licensee, LLC. at its address of record. 2 47 U.S.C. § 308(b). 2 Federal Communications Commission 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq. 3.