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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Pittman Broadcasting Services, L.L.C. )
File Number EB-07-OR-002
Licensee of Station KVOL-AM )
NAL/Acct. No. 200732620002
Lafayette, LA )
FRN 0009020538
ASR No. 1025872 )
Facility ID No. 9415 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 6, 2007
By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Pittman Broadcasting Services, L.L.C. ("Pittman"), licensee of
station KVOL-AM, in Lafayette, LA and owner of antenna structure
#1025872, apparently repeatedly violated Sections 17.51(a) and 73.1745
of the Commission's Rules ("Rules") by failing to exhibit the
structure's red obstruction lighting from sunset to sunrise and by
operating overpower during nighttime hours. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that Pittman is apparently liable for a forfeiture in the amount of
fourteen thousand dollars ($14,000).
II. BACKGROUND
2. Pittman is the registered owner of antenna structure #1025872. The
Antenna Structure Registration ("ASR") specifies that the structure
must be painted and lit.
3. On January 17 and 18, 2007, agents from the Commission's New Orleans
Office of the Enforcement Bureau ("New Orleans Office") observed
antenna structure #1025872 after sunset with a top beacon
extinguished. The agents confirmed that no Notice to Airmen ("NOTAM")
regarding the lighting outage had been issued.
4. On January 17, 2007, agents from the New Orleans Office monitored
station KVOL-AM's signal and noted the transmitter power increase
approximately 12 dB at 6:05 PM CST. On January 18, 2007, the agents
again monitored the station and observed the same increase in
transmitter power at approximately 6:02 PM CST.
5. On January 19, 2007, agents from the New Orleans Office inspected the
main studio of station KVOL-AM. The station's Chief Engineer was
unaware that the top beacon on the antenna structure was extinguished.
After the agents so informed him, he contacted the FAA. Although the
station had installed an automatic alarm system, the Chief Engineer
explained his ignorance of the outage by surmising that either the
person responsible for reading the system did not know how to read it
or the system was broken. After checking the station transmitter, the
Chief Engineer stated that the transmitter was programmed incorrectly
and was mistaking AM for PM. He stated that the transmitter's
uninterruptible power supply was not functioning, which may have
prevented the unit from remembering the correct time. Accordingly, the
station was incorrectly programmed to transmit overpower at night with
daytime power. The Chief Engineer stated neither he nor station staff
were aware of this, prior to the inspection.
III. DISCUSSION
6. Section 503(b) of the Act provides that any person who repeatedly
fails to comply substantially with the terms and conditions of any
license, or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation or order issued by the Commission
thereunder, shall be liable for a forfeiture penalty. The term
"repeated" means the commission or omission of such act more than once
or for more than one day.
7. Section 17.51(a) states that all red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified. On
January 17 and 18, 2007, agents from the New Orleans Office observed
that the top red beacon on antenna structure #1025872 was extinguished
after sunset. Despite having an automatic alarm system, Pittman staff
was unaware that the light was extinguished prior to the inspection on
January 19, 2007. Pittman did not notify the FAA of the lighting
outage until January 19, 2007.
8. Section 73.1745 of the Rules states that no broadcast station shall
operate at times, or with modes of power, other than those specified
and made a part of the license. Station KVOL-AM is authorized to
operate at 5,000 watts during the day and 1,000 watts at night. On
January 17 and 18, 2007, agents from the New Orleans Office observed
station KVOL-AM's transmitting power increase at approximately 6 PM
CST. On January 19, 2007, the station's Chief Engineer confirmed that
the station's transmitter had been programmed incorrectly and was
operating with daytime power at night.
9. Based on the evidence before us, we find that Pittman apparently
repeatedly violated Sections 17.51(a) and 73.1745 of the Rules by
failing to exhibit red obstruction lighting from sunset to sunrise and
exceeding authorized nighttime power.
10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violation of the prescribed lighting for
antenna structures is $10,000. The base forfeiture amount for
exceeding power limits is $4,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set forth
in Section 503(b)(2)(E) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect
to the violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice may
require. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Pittman
is apparently liable for a ($14,000) forfeiture.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Pittman Broadcasting
Services, L.L.C., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of fourteen thousand dollars ($14,000) for
violations of Sections 17.51(a) and 73.1745 of the Rules.
12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Pittman Broadcasting
Services, L.L.C. SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
13. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, New Orleans
Office, 2424 Edenborn, Suite 460, Metairie, LA 70001 and must include
the NAL/Acct. No. referenced in the caption.
15. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
16. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.^8
17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Pittman Broadcasting Services, L.L.C.,
at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Leroy Hall
District Director
New Orleans Office
South Central Region
Enforcement Bureau
47 C.F.R. SS 17.51(a) and 73.1745.
47 U.S.C. S 503(b).
The agents contacted the Federal Aviation Administration ("FAA") on
January 17, 2007 about the outage, but the FAA would not issue a NOTAM at
that time, because the agents were not the owner of the structure.
Local sunset on this date was 5:30 PM.
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term 'repeated', when used with reference to the
commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
47 C.F.R. S 17.51(a).
Section 17.48 of the Rules requires tower owners to notify the nearest
Flight Service Station or office of the FAA immediately of a lighting
outage that requires more than 30 minutes to correct. 47 C.F.R. S 17.48.
47 C.F.R. S 73.1745.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
12 FCC Rcd 17087 (1997), recon. Denied, 15 FCC Rcd 303 (1999): 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(E).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.51(a),
73.1745.
^8 See 47 C.F.R. S 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
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Federal Communications Commission