Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      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                )
                                )
Montrose Broadcasting Corporation            )    File No. EB-04-
PA-135
                                )
Antenna Structure 1000707       )            NOV              No. 
V200432400017
                                )
Danville, Pennsylvania          )            
                                )


                       NOTICE OF VIOLATION

                                             Released: September 
30, 2004 

By the District Director, Philadelphia Office, Enforcement 
Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Montrose Broadcasting Corporation (``Montrose'').  

  2.      On September  8, 2004,  an  agent of  the  Commission's 
     Philadelphia Office  inspected  the antenna  structure  that 
     Montrose owns and utilizes for radio station WPGM(FM).   The 
     antenna structure was located at the coordinates 40-59-14  N 
     by  076-32-50   W  and   assigned  the   Antenna   Structure 
     Registration Number 1000707.  During the inspection, the FCC 
     agent found that Montrose was in violation of the following:  

  2.a.      47 C.F.R.   17.4(g):  ``Except as described  in 
            paragraph  (h)  of  this  Section,  the  Antenna 
            Structure Registration Number must be posted  in 
            a  conspicuous  place  so  that  it  is  readily 
            visible near the base of the antenna  structure.  
            Materials used to display the Antenna  Structure 
            Registration  Number must  be  weather-resistant 
            and of sufficient size to be easily seen at  the 
            base  of  the  antenna  structure.''    Montrose 
            failed   to    post   the   Antenna    Structure 
            Registration Number 1000707.  

  2.b.      47 C.F.R.  17.23: ``Unless otherwise  specified 
            by the Commission,  each new or altered  antenna 
            structure to be  registered on or after  January 
            1, 1996, must conform to the FAA's painting  and 
            lighting  recommendations   set  forth  on   the 
            structure's FAA  determination of ``no  hazard'' 
            as  referenced  in the  following  FAA  Advisory 
            Circulars: AC 70/7460-1J, ``Obstruction  Marking 
            and Lighting,''  effective January 1, 1996,  and 
            AC     150/5345-43E,     ``Specification     for 
            Obstruction Lighting Equipment,'' dated  October 
            19,  1996.''  In  1996, Montrose  constructed  a 
            new   antenna  structure   for   radio   station 
            WPGM(FM).  However, the FCC agent observed  that 
            the  marking   and  lighting   on  the   antenna 
            structure did  not conform to  FAA painting  and 
            lighting   recommendations  specified   on   the 
            Antenna   Structure   Registration.    The   FAA 
            recommended  that  Montrose  paint  the  antenna 
            structure for  daytime marking  and operate  red 
            obstruction      lighting     for      nighttime 
            illumination.   However, the  antenna  structure 
            had a dual lighting system and was not painted.  

  2.c.      47  C.F.R.   73.1350(a):   ``Each  licensee  is 
            responsible  for maintaining  and operating  its 
            broadcast  station in  a manner  which  complies 
            with  technical  rules set  forth  elsewhere  in 
            this part  and in accordance  with the terms  of 
            the  station  authorization.''   A   discrepancy 
            exists    between    the    antenna    structure 
            coordinates  and overall  height antenna  height 
            specified on  the license for  station WPGM  and 
            those   specified  on   the  Antenna   Structure 
            Registration.  Specifically, the license  BMLED-
            19961001KG  for   station  WPGM  specifies   the 
            coordinates of  the antenna structure as  40-59-
            16 N by 076-32-51 W and an overall height  above 
            ground  of  73  meters.   However,  the  Antenna 
            Structure     Registration     specifies     the 
            coordinates  as 40-59-14  N by  076-32-50 W  and 
            the overall height as 74.3 meters.  

  2.d.      47  C.F.R.   17.47(a)(1):  ``The  owner of  any 
            antenna structure  which is registered with  the 
            Commission  and   has  been  assigned   lighting 
            specifications  referenced  in  this  part   ... 
            shall  make   an  observation  of  the   antenna 
            structure's lights at  least once each 24  hours 
            either  visually or  by observing  an  automatic 
            properly   maintained  indicator   designed   to 
            register any failure  of such lights, to  insure 
            that all  such lights  are functioning  properly 
            as required...''  According to the WPGM  station 
            logs,   Montrose  made   observations   of   the 
            obstruction   lights  once   every   24   hours.  
            However,  because the  antenna structure  has  a 
            dual lighting  system, Montrose should make  one 
            daily  observation  of  the  white   obstruction 
            lighting and  one daily observation  of the  red 
            obstruction lighting.  

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Montrose  Broadcasting  Corporation  must  submit  a 
     written statement concerning this  matter within 20 days  of 
     release of  this Notice.   The response  must fully  explain 
     each violation,  must contain  a statement  of the  specific 
     actions  taken  to  correct  each  violation  and   preclude 
     recurrence, and should include a time line for completion of 
     pending corrective actions.  The  response must be  complete 
     in itself  and  signed by  a  principal or  officer  of  the 
     licensee with personal knowledge of the matter.  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, Suite 404
          2300 East Lincoln Highway
          Langhorne, Pennsylvania 19047

  4.      This Notice  shall  be sent  to  Montrose  Broadcasting 
     Corporation, 8  East Market  Street, Danville,  Pennsylvania 
     17821.  

  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




                                John E. Rahtes
                                District Director
                                Philadelphia Office

_________________________

1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).

3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.