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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Fifth Street Funding, Inc. ) File No. EB-FIELDWR-13-00007278

   Antenna Structure Registrant )

   ASR #  1230377 ) NOV No. V201332900017

   Los Angeles, California )


                              NOTICE OF VIOLATION

   Released: March 26, 2013

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Fifth Street Funding, Inc.,
       registrant of Antenna Structure #1230377 in Los Angeles, California.
       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 violations noted herein.^

    2. On February 14 and 20, 2013, an agent of the Enforcement Bureau's Los
       Angeles Office inspected  Antenna Structure #1230377  located in  Los
       Angeles, California, and observed the following violations:

     a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
        be displayed 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." During the inspection  on February 14, 2013, the agent
        observed that no Antenna Structure Registration Number was posted at
        the base of antenna structure.

     b. 47 C.F.R. S 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 . . . FAA Advisory Circulars . . . ."
        Antenna Structure #1230377 is required to have red obstruction lights
        to increase conspicuity during nighttime along with daytime and
        twilight marking.  At the time of inspections, the agent observed
        that the antenna structure had no marking and exhibited no red
        obstruction lighting at nighttime.

     c. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a) Shall report immediately
        by telephone or telegraph to the nearest Flight Service Station or
        office of the Federal Aviation Administration 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." On February 15, 2013, the agent called the Federal Aviation
        Administration (FAA) and reported the tower light outage. A current
        NOTAM was not in effect. The registrant,  Fifth Street Funding,  had
        failed to notify the FAA of the tower light outage.

     d. 47 C.F.R. S 17.47(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (1) 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; or alternatively,
        (2) shall 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." During the interview with
        the agent on February 14, 2013, a property manager on-site
        acknowledged that Fifth Street Funding did not make any observation
        of the antenna structure's lights and that the company did not have
        any automatic alarm system designed to detect the failure of those

     e.  47 C.F.R. S 17.49: "The owner of each antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part must maintain a record of any
        observed or otherwise known extinguishment or improper functioning of
        a structure light and include the following information for each such
        event: (a) The nature of such extinguishment or improper functioning,
        (b) The date and time the extinguishment or improper operation was
        observed or otherwise noted."  During the interview with the agent on
        February 14, 2013, the property manager stated that Fifth Street
        Funding did not observe the tower lights regularly and did not have
        any record of tower light observations.

     f. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within 24 hours of completion of construction (FCC
        Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
        immediately notify the Commission using FCC Form 854 upon any change
        in structure height or change in ownership information."  The FCC's
        antenna structure registration database currently lists the status of
        Antenna Structure #1230377 as "Granted" even though the structure has
        been constructed.

    3. 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, Fifth Street Funding 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 be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Fifth Street
       Funding  to support the response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Fifth Street Funding  with personal knowledge of
       the representations provided in Fifth Street Funding's 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 regulatee'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.^

    5. 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

   Los Angeles Office

   18000 Studebaker Rd., #660

   Cerritos, CA 90703

    6. This Notice shall be sent to Fifth Street Funding, Inc.,  at its
       address of record.

    7. 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.


   Margaret M. Egler

   Acting District Director

   Los Angeles Office

   Western 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