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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Charisma Communications Group ) File No.: EB-FIELDSCR-13-00007049

   ) NOV No.: V201332620008

   Owner of Antenna Structure Number 1043840 )

   Artesia, MS )

                              NOTICE OF VIOLATION

   Released: March 5, 2013

   By the Deputy Regional Director, New Orleans Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Charisma Communications Group,
       owner of Antenna Structure Number 1043840 in Artesia, MS. Pursuant to
       Section 1.89(a) of the Rules, issuance of this Notice does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation(s) noted herein.^

    2. On February 21, 2013, agents of the Enforcement Bureau's New Orleans
       Office inspected antenna structure 1043840 in Artesia, MS and observed
       the following violation:

     a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified."
        According to the FCC antenna structure registration, the tower
        exceeds 200 feet in height above ground and requires painting and
        lighting as specified in FCC Form 715, paragraphs 1,3,12, and 21. At
        the time of inspection after sunset, agents observed the top beacon
        and side lights were extinguished.

    3. On February 22, 2013, agents of the Enforcement Bureau's New Orleans
       Office inspected antenna structure 1043840 in Artesia, MS and observed
       the following violation:

   b. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
   registered with the Commission and has been assigned lighting
   specifications referenced in this part shall report immediately by
   telephone or telegraph to the nearest Flight Service Station or office of
   the Federal Aviation Administration (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 ...." After observing the tower
   had no lights the previous night, the agents also called the FAA to check
   if a Notice to Airmen (NOTAM) had been issued and found that no one had
   notified the FAA of the outage. Agents subsequently notified the FAA of
   the outage and a NOTAM for the structure was issued.

    4. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Charisma Communications Group must submit a written
       statement concerning this matter within twenty (20) days of release of
       this Notice. The response (i) must fully explain each violation,
       including all relevant surrounding facts and circumstances, (ii) must
       contain a statement of the specific action(s) taken to correct each
       violation and preclude recurrence, and (iii) must include a time line
       for completion of any pending corrective action(s). The response must
       also specify when and how Charisma Communications Group first became
       aware of the lighting outage. The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    5. In accordance with Section 1.16 of the Rules, we direct Charisma
       Communications Group to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Charisma Communications Group with personal
       knowledge of the representations provided in Charisma Communications
       Group response, verifying the truth and accuracy of the information
       therein,^ and confirming that all of the information requested by this
       Notice which is in the licensee's possession, custody, control, or
       knowledge has been produced. To knowingly and willfully make any false
       statement or conceal any material fact in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.^

    6. 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 Orleans Office

   Room 460, 2424 Edenborn Ave.

   Metairie, LA 70001

    7. This Notice shall be sent to Charisma Communications Group at its
       address of record.

    8. The Privacy Act of 1974^ 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.


   Loyd Perry

   Deputy Regional Director

   New Orleans District Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission