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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Pentecostal Temple Development Corporation ) File Nos.:
Licensee of AM Station WGBN ) EB-FIELDNER-16-00020418
Owner of Antenna Structure Nos. 1026648, )
1026650, and 1026028 )
) NOV No.: V201632400001
McKeesport, Pennsylvania )
NOTICE OF VIOLATION
Released: February 9, 2016
By the District Director, Philadelphia Office, Northeast Region,
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Pentecostal Temple Development
Corporation (Pentecostal), licensee of AM Station WGBN serving
McKeesport, Pennsylvania and owner of antenna structure nos. 1026648,
1026650, and 1026028 (Antenna Structures).^ 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
2. On November 4, 2015, an agent of the Enforcement Bureau's Philadelphia
Office inspected antenna structure no. 1026028 and on January 5, 2016
the agent inspected antenna structure nos. 1026648 and 1026650. During
the inspections, the agent observed the following violations:
a. 47 CFR S 17.51 (a): "All red obstruction lighting shall be exhibited
from sunset to sunrise unless otherwise specified." Antenna structure
no. 1026028 must have marking and lighting that conforms to FCC
Paragraphs 1, 3, 11, 21. These paragraphs specify that the antenna
structure be painted and have a red obstruction lighting system that
includes a top-level beacon and at least two mid-level steady burning
lamps at mid-level. During an inspection on November 4, 2015 at the
WGBN daytime site, the agent observed that all of the obstruction
lighting at the mid-level of antenna structure no. 1026028 was
extinguished. Antenna structures nos. 1026648 and 1026650 must be
painted and lit in accordance with FCC Paragraphs 1, 3, 12, and 21.
These paragraphs specify that the antenna structures be painted and
have a red obstruction lighting system that includes a top-level
beacon and at least two steady burning lamps at the 1/3 and 2/3
levels. During the inspection on January 6, 2016 at the WBGN
nighttime site, the agent observed that the top-level beacon on
antenna structure no. 1026648 was extinguished. The agent also
observed that one of the two steady burning lamps at the 2/3 level on
antenna structure no. 1026650 was extinguished.
b. 47 CFR S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." During the January 5, 2016 inspection at the WGBN
nighttime site, the agent observed that the paint on antenna
structure nos. 1026648 and 1026650 was so severely faded and chipped
that it no longer provided good visibility.
c. 47 CFR 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
to the FAA, by means acceptable to 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.
If the lights cannot be repaired within the FAA's Notices to Airmen
(NOTAM) period, the owner shall notify the FAA to extend the outage
date and report a return-to-service date. The owner shall repeat
this process until the lights are repaired. Such reports shall set
forth the condition of the light or lights, the circumstances which
caused the failure, the probable date for restoration of service, the
FCC Antenna Structure Registration Number, the height of the
structure (AGL and AMSL if known) and the name, title, address, and
telephone number of the person making the report. Further
notification to the FAA by means acceptable to the FAA shall be given
immediately upon resumption of normal operation of the light or
lights." On January 4, 2016, Pentecostal failed to extend the outage
date for NOTAM 12/027.^
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ 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,
Pentecostal 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
4. In accordance with Section 1.16 of the Rules, we direct Pentecostal to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Pentecostal with personal knowledge of the representations provided in
Pentecostal'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 Pentecostal'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
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Pentecostal Temple Development
Corporation 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.
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
^ 47 CFR S 1.89.
^ AM Station WGBN's daytime transmission facility is located 7.8 miles
from its nighttime transmission facility. Antenna structures nos. 1026648
and 1026650 are part of a four-tower directional antenna array for the
station's nighttime transmission facilities and are located off West
Calhone Street in Lincoln Borough, Pennsylvania. Antenna structure no.
1026028 is part of the non-directional antenna system for the station's
daytime transmission facility and is located off Broadview Drive in
^ 47 CFR S 1.89(a).
^ According to FAA records, a representative of WGBN notified the FAA on
December 3, 2015 about the outage on antenna structure no. 1026648. In
response, the FAA issued NOTAM #12/027 which was valid for only 30 days
and automatically expired on January 4, 2016. On January 5, 2016, the
agent inspected antenna structure no. 1026648 and found that the top-level
beacon was still extinguished. The agent reported the outage and the FAA
issued NOTAM # 01/035 which is valid until February 6, 2016. Pentecostal
must contact the FAA to extend NOTAM 01/035 if the outage is not repaired
by February 6, 2016.
^ 47 U.S.C. S 308(b).
^ 47 U.S.C. S 403.
^ 47 CFR 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 CFR S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 CFR S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).