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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Montrose Broadcasting Corporation ) File No. EB-04-
PA-135
)
Antenna Structure 1000707 ) NOV No.
V200432400017
)
Danville, Pennsylvania )
)
NOTICE OF VIOLATION
Released: September
30, 2004
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Montrose Broadcasting Corporation (``Montrose'').
2. On September 8, 2004, an agent of the Commission's
Philadelphia Office inspected the antenna structure that
Montrose owns and utilizes for radio station WPGM(FM). The
antenna structure was located at the coordinates 40-59-14 N
by 076-32-50 W and assigned the Antenna Structure
Registration Number 1000707. During the inspection, the FCC
agent found that Montrose was in violation of the following:
2.a. 47 C.F.R. § 17.4(g): ``Except as described in
paragraph (h) of this Section, the Antenna
Structure Registration Number must be posted 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.'' Montrose
failed to post the Antenna Structure
Registration Number 1000707.
2.b. 47 C.F.R. § 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 following FAA Advisory
Circulars: AC 70/7460-1J, ``Obstruction Marking
and Lighting,'' effective January 1, 1996, and
AC 150/5345-43E, ``Specification for
Obstruction Lighting Equipment,'' dated October
19, 1996.'' In 1996, Montrose constructed a
new antenna structure for radio station
WPGM(FM). However, the FCC agent observed that
the marking and lighting on the antenna
structure did not conform to FAA painting and
lighting recommendations specified on the
Antenna Structure Registration. The FAA
recommended that Montrose paint the antenna
structure for daytime marking and operate red
obstruction lighting for nighttime
illumination. However, the antenna structure
had a dual lighting system and was not painted.
2.c. 47 C.F.R. § 73.1350(a): ``Each licensee is
responsible for maintaining and operating its
broadcast station in a manner which complies
with technical rules set forth elsewhere in
this part and in accordance with the terms of
the station authorization.'' A discrepancy
exists between the antenna structure
coordinates and overall height antenna height
specified on the license for station WPGM and
those specified on the Antenna Structure
Registration. Specifically, the license BMLED-
19961001KG for station WPGM specifies the
coordinates of the antenna structure as 40-59-
16 N by 076-32-51 W and an overall height above
ground of 73 meters. However, the Antenna
Structure Registration specifies the
coordinates as 40-59-14 N by 076-32-50 W and
the overall height as 74.3 meters.
2.d. 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...'' According to the WPGM station
logs, Montrose made observations of the
obstruction lights once every 24 hours.
However, because the antenna structure has a
dual lighting system, Montrose should make one
daily observation of the white obstruction
lighting and one daily observation of the red
obstruction lighting.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Montrose Broadcasting Corporation 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
actions taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective actions. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Montrose Broadcasting
Corporation, 8 East Market Street, Danville, Pennsylvania
17821.
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
John E. Rahtes
District Director
Philadelphia 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.