*Pages 1--2 from Microsoft Word - 46803.doc* Federal Communications Commission DA 05- 537 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of WVRM, INC. Licensee of Noncommercial Educational Station WCNJ( FM), Hazlet, New Jersey ) ) ) ) ) ) File Nos. EB- 02- IH- 0700 and EB- 0- IH- 0076 Acct. No. 200532080122 FRN 0008352544 Facility ID No. 70644 ORDER Adopted: March 7, 2005 Released: March 8, 2005 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (the “Bureau”) has been investigating whether WVRM, Inc. (“ WVRM”), licensee of noncommercial educational Station WCNJ( FM), Hazlet, New Jersey, has violated section 399B of the Communications Act of 1934, as amended, 1 and section 73.503( d) of the Commission’s rules, 2 in connection with the broadcast by WVRM of underwriting acknowledgments over the station. 2. The Bureau and WVRM have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by approving the Consent Decree and terminating the investigation. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether WVRM possesses the basic qualifications, including character qualifications, to be or remain a Commission licensee. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4( i) of the Communications Act of 1934, as amended, 3 and the authority delegated by sections 0.111 and 0.311 of the Commission’s rules, 4 the attached Consent Decree IS ADOPTED. 1 47 U. S. C. § 399b. 2 47 C. F. R. § 73.503( d). 3 47 U. S. C. § 154( i). 4 47 C. F. R. §§ 0.111, 0. 311. 1 Federal Communications Commission DA 05- 537 2 5. IT IS FURTHER ORDERED that the complaints against WVRM dated August 14, 2002, and March 15, 2004, ARE DISMISSED. 6. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau IS TERMINATED. 7. IT IS FURTHER ORDERED that copies of this Order shall be sent by regular first class mail and certified mail - return receipt requested, to WVRM, Inc., 505 Thornall Street, Suite 306, Edison, New Jersey 08837, and to its counsel, Howard A. Topel, Esq. and Katrina C. Gleber, Esq., Leventhal Senter & Lerman, PLLC, at 2000 K Street, N. W., Suite 600, Washington, D. C. 20006. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2