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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                 )
AMFM Ohio, Inc.                  )        File Number EB-04-LA-108
                                 )
Registrant of Antenna Structure  )      NAL/Acct. No. 200532900003
San Bernardino, California       )                  FRN 0001656503
ASR # 1014752                    )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  April 06, 
                                                             2005

By the District Director, Los Angeles District Office, Western 
Region, Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant 
 of antenna structure # 1014752, in San Bernardino, California, 
 apparently repeatedly violated Section 303(q) of the 
 Communications Act of 1934, as amended, ("the Act"),1 and 
 Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules 
 ("Rules")2 by failing to comply with the antenna lighting, 
 monitoring and notification requirements specified for antenna 
 structure # 1014752.  We conclude, pursuant to Section 503(b) 
 of the Communications Act of 1934, as amended ("Act"),3 that 
 AMFM Ohio is apparently liable for a forfeiture in the amount 
 of ten thousand dollars ($10,000).  

II.  BACKGROUND

      2.  On August 9, 2004, an agent from the Commission's Los 
 Angeles Office conducted an inspection of a three-tower array 
 located at 2255 E. Bessant Street, San Bernardino, California.  
 AMFM Ohio is the registered owner of the antenna structures.  
 AMFM Radio Licenses, L.L.C., the licensee of radio station 
 KKDD(AM), broadcasts using the three-tower array.  All three of 
 the antenna structures in the array are required to have 
 "Obstruction Marking and Lighting" in accordance with 
 Paragraphs 1, 3, 12 and 21 of FCC Form 715/715A.4  
 Specifically, the structures are required to have a flashing 
 red beacon mounted on the top of the antenna structure.5  On 
 levels at approximately two-thirds and one-third of the overall 
 height of the structures, there is a requirement of at least 
 two red obstruction lights.6  The lights on the structures are 
 required to burn continuously or be controlled by a light 
 sensitive device.7  During the inspection on August 9, 2004, 
 the Los Angeles agent observed that the top beacon and one of 
 the four intermediate level side lights were not functioning on 
 tower number two of the array, antenna structure # 1014752, the 
 northern most, middle structure. 8  On August 10, 2004, the Los 
 Angeles agent contacted the Federal Aviation Administration 
 ("FAA") and the FAA representative indicated that they had not 
 previously been notified of an outage for antenna structure # 
 1014752.9

      3.  On August 12, 2004, the Los Angeles agent re-inspected 
 antenna structure # 1014752.  The agent again observed that the 
 antenna structure's top beacon and one of four intermediate 
 level side lights were not functioning.

      4.  On August 17, 2004, the Los Angeles agent called the 
 contact telephone number listed on the antenna structure 
 registration for antenna structure # 1014752 and notified the 
 contact engineer that the lights on antenna structure # 1014752 
 were not functioning properly.  The contact engineer stated 
 that he would have the KKDD radio station engineer contact the 
 Los Angeles Office agent.  When the KKDD engineer contacted the 
 Los Angeles agent on August 17, 2004, the Los Angeles agent 
 informed the KKDD engineer that the top beacon and one of the 
 side lights on antenna structure # 1014752 were not 
 functioning.  The KKDD engineer stated that he was not aware of 
 a tower light outage on antenna structure # 1014752 and that 
 the remote automatic alarm system had not notified him of a 
 problem with the antenna lights.  

      5.  On August 18, 2004, the Los Angeles Office agent 
 received an email from the KKDD engineer.  In the email, the 
 KKDD engineer acknowledged a tower light failure on antenna 
 structure # 1014752 and stated that the light would be repaired 
 on August 19, 2004.  The KKDD engineer also stated that the 
 remote automatic alarm system had some type of glitch that 
 reset system parameters back to the factory default settings.  
 The KKDD engineer also stated that the alarm had been 
 reprogrammed to correct the failure.  On August 21, 2004, the 
 KKDD engineer notified the Los Angeles Office that, as of 
 August 20, 2004, all of the lamps on the tower had been 
 replaced and were working properly.


III.      DISCUSSION

      6.  Section 503(b) of the 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.  The term "willful" 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.10  The term 
 "repeated" means the commission or omission of such act more 
 than once or for more than one day.11  

      7.  Section 303(q) of the Act states that antenna structure 
 owners shall maintain the painting and lighting of antenna 
 structures as prescribed by the Commission.12  Part 17 of the 
 Rules is designed to promote air safety, by prescribing 
 regulations for antenna structures that constitute or that 
 potentially constitute "a menace to air navigation."13  Section 
 17.21(a) of the Rules states antenna structures shall be 
 painted and lighted when they exceed 60.96 meters (200 feet) in 
 height above the ground or they require special aeronautical 
 study.14   Antenna structure # 1014752 is assigned FCC lighting 
 specifications requiring that the structure have a red 
 obstruction beacon mounted at the top of the antenna structure 
 and at least two red obstruction lights on levels at 
 approximately two-thirds and one-third of the overall height of 
 structure.  On August 9, 2004, an agent from the Commission's 
 Los Angeles Office observed that the top red beacon and one of 
 the four intermediate side lights were not functioning.  On 
 August 12, 2004, the Los Angeles agent reconfirmed his 
 observations.  On August 17, 2004, the Los Angeles Office agent 
 notified the engineer listed as the contact for the antenna 
 structure that the top red beacon and one of the four side 
 lights on antenna structure # 1014752 were not functioning.  
 The antenna structure engineer had the KKDD engineer contact 
 the Los Angeles agent and the KKDD engineer acknowledged that 
 he was not aware of the light outage.  On August 18, 2004, the 
 Los Angeles Office agent received an email from the KKDD 
 engineer acknowledging the tower light failure on antenna 
 structure # 1014752.

      8.  Section 17.47(a)(1) of the Rules requires the owner of 
 any antenna structure which is registered with the Commission 
 and has been assigned lighting specifications to make an 
 observation of the antenna structure's lights at least once 
 every 24 hours either visually or by observing an automatic 
 properly maintained indicator designed to register any failure 
 of such lights.15  Alternatively, Section 17.47(a)(2) of the 
 Rules requires antenna structure owners to provide and properly 
 maintain an automatic alarm system designed to detect any 
 failure of such lights and to provide indication of such 
 failure to the owner.  On August 17, 2004, the KKDD engineer 
 stated to a Los Angeles agent that the automatic alarm system 
 had not notified him of a problem with the lights on antenna 
 structure # 1014752.  On August 18, 2004, the KKDD engineer 
 acknowledged that the remote automatic alarm system was not 
 functioning properly.  

      9.  Section 17.48 of the Rules requires the owner of any 
 antenna structure which is registered with the Commission and 
 has been assigned lighting specifications to report immediately 
 by telephone or telegraph to the nearest Flight Service Station 
 (``FSS'') or office of the FAA any observed or otherwise known 
 extinguishment or improper functioning of any top steady 
 burning light or any flashing obstruction light, regardless of 
 its position on the antenna structure, not corrected within 30 
 minutes.  The Commission agent observed the light outages on 
 antenna structure # 1014752 on August 9, 2004.  On August 10, 
 2004, the agent contacted the FAA and a FAA representative 
 indicated that no outage for antenna structure # 1014752 had 
 been reported.

      10.                       The tower light outages on 
 antenna structure # 1014752 began as early as August 9, 2004, 
 and perhaps earlier, and extended through August 19, 2004.  It 
 appears that AMFM Ohio was not aware of the outages until 
 notified by a Commission agent on August 17, 2004, apparently 
 because AMFM Ohio repeatedly failed to effectively monitor the 
 lights on the tower.  AMFM Ohio's lack of vigilance also, 
 apparently, resulted in its failure to notify the FAA with 30 
 minutes of the extinguishment of the obstruction lighting on 
 the antenna structure.  Based on the evidence before us, we 
 find that AMFM Ohio apparently repeatedly violated Section 
 303(q) of the Act and Sections 17.21(a), 17.47, and 17.48 of 
 the Rules by failing to comply with the antenna structure 
 lighting, monitoring and notification requirements for its 
 antenna structure # 1014752.     

      11.      Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for failing to comply with the prescribed lighting 
 and/or marking for antenna structure is $10,000.16  In 
 assessing the monetary forfeiture amount, we must also take 
 into account the statutory factors set forth in Section 
 503(b)(2)(D) of the Act, which include the nature, 
 circumstances, extent, and gravity of the violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.17  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, we find 
 that AMFM Ohio is apparently liable for a $10,000 forfeiture.  


IV.  ORDERING CLAUSES

      12.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, AMFM Ohio, Inc., is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of ten thousand 
 dollars ($10,000) for violations of Section 303(q) of the Act, 
 and Sections 17.21(a), 17.47, 17.48 of the Rules.18

      13.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules within thirty days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, AMFM Ohio Inc. SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.  

      14.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.  

      15.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
 California 90703 and must include the NAL/Acct. No. referenced 
 in the caption.  

      16.      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.  

      17.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.19

      18.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to AMFM Ohio, 
 Inc.  



                              FEDERAL COMMUNICATIONS COMMISSION




                              Catherine Deaton
                              District Director 
                              Los Angeles District Office
                              Western Region
                              Enforcement Bureau



_________________________

147 U.S.C.  303(q).
247 C.F.R.  17.21(a), 17.47, 17.48.
347 U.S.C.  503(b).
4FCC Forms 715/715A, Paragraphs 1, 3, 12, 21.
5FCC Forms 715/715A, Paragraph 3.
6FCC Forms 715/715A, Paragraph 12.  
7The light sensitive device shall be "adjusted so that the lights 
will be turned on at a north sky light intensity level of about 
35 foot candles and turned off at a north sky intensity of about 
58 foot candles."  FCC Forms 715/715A, Paragraph 21.  
8This antenna structure is designated as tower two (3TA2) of a 
three-tower transmitting array.  The other towers of this array 
are ASR # 1014751 & ASR # 1014753, also registered to AMFM Ohio.
9After the conversation with the Los Angeles agent on August 10, 
2004, the FAA issued a Notice to Airmen ("NOTAM") advising pilots 
of the light outage on the antenna structure.  
10Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he term 'willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).  
11Section 312(f)(2) of the Act, 47 U.S.C.  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."  
1247 U.S.C.  303(q).
1347 C.F.R.  17.1(a).
1447 C.F.R.  17.21(a). See Max Media of Montana, LLC, 18 FCC Rcd 
21375 (2003).  Antenna structure # 1014752 is 57.2 meters in 
height.  However, because of its proximity to the San Bernardino 
International Airport, it has been assigned Obstruction Lighting 
and Marking requirements.
1547 C.F.R.  17.47(a)(1).
162 FCC Rcd 17087 (1997), recon.  denied, 15 FCC Rcd 303  (1999): 
47 C.F.R.  1.80.
1747 U.S.C.  503(b)(2)(D).
1847 U.S.C.  303(q), 503(b), 47 C.F.R.  0.111, 0.311,  0.314, 
1.80, 17.21(a), 17.47, 17.48.
19See 47 C.F.R.  1.1914.