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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Western NY Public Broadcasting Association ) File No. EB-04-
BF-012
Owner of Tower # 1033427 )
Olean, New York ) NOV No.
V20043228022
)
)
Attention: Mr. Donald K. Boswell/President )
NOTICE OF VIOLATION
Released: February
18, 2004
By the Resident Agent, Buffalo Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Western New York Public Broadcasting Association
(``WNYPBA''), owner of Tower # 1033427.
2. On January 26, 2004 Resident Agent, Gene Stanbro, from
the Buffalo Office visually inspected tower # 1033427 and
with preliminary and subsequent investigation, observed the
following violations:
2.a. 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: or
alternatively, .....'' WNYPBA does not have an
automated system and the only record provided
to the Buffalo Office was the statement of Mr.
Hal Elsigan reporting the lights were operating
on January 16, 2004, contradicting a report of
light outage by the Olean, New York Fire
Department, reporting tower # 1033427 lights
were out on January 16, 2004. The lights were
not functioning on the date of inspection.
2.b. 47 C.F.R. § 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 each extinguishment or
improper functioning.
(b) The date and time the extinguishment or
improper operation was
observed or otherwise noted.
(c) Date and time of FAA notification, if
applicable.
(d) The date, time and nature of
adjustments, repairs, or replacements made.''
WNYPBA was unable to produce a maintained
record of the date, time or nature of any
extinguishment or improper functioning of tower
# 1033427 or the nature of adjustments,
repairs, or replacements made to the tower.
WNYPBA only produced a statement of the last
time the tower lights were observed on and a
number for the NOTAM opened on January 22,
2004.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Western New York Broadcasting Association, 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 action(s) taken to correct each violation and
preclude recurrence, and should include a time line for
completion of pending corrective action(s). 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
Room 1307 Federal Building
111 W. Huron Street
Buffalo, New York 14202
4. This Notice shall be sent to Western New York Public
Broadcasting Association, Horizon Plaza, P.O. Box 1263,
Buffalo, New York 14240
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
Gene J. Stanbro
Resident Agent
Buffalo 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.