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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     Threshold Communications       )     File Number: EB-07-SF-101  
                                                                     
     Antenna Structure Registrant   )   NAL/Acct. No.: 200732960005  
                                                                     
     Waterford, CA                  )               FRN: 0001547116  
                                                                     
     ASR # 1015782                  )                                
                                                                     
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: September 28, 2007

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Threshold Communications ("Threshold"), owner of antenna
       structure #1015782, near Waterford, California, apparently repeatedly
       violated Section 303(q) of the Communications Act of 1934, as amended,
       ("Act"), and Section 17.51(a)  of the Commission's Rules ("Rules") by
       failing to exhibit the structure's red obstruction lighting from
       sunset to sunrise; and by failing to make 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, a violation of Section 17.47(a)
       of the Rules. Threshold's failure to make the required observations of
       the lighting on the antenna structure resulted in its failure to
       notify the nearest Flight Service Station of the Federal Aviation
       Administration ("FAA") of the outage of the flashing obstruction
       lights, a violation of Section 17.48 of the Rules. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Threshold is apparently liable for a forfeiture
       in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. Antenna structure #1015782 is an antenna tower of 82.8 meters (271.7
       feet) in height above ground. It is tower one in a three-tower array
       used by KVIN to serve Ceres, California. Threshold Communications is
       the licensee of KVIN. According to the antenna structure registration
       ("ASR") for antenna structure #1015782, the structure is required to
       have painting and lighting in accordance with specific Chapters of the
       FAA Advisory Circular for Obstruction Marking and Lighting.
       Specifically, the structure is required to be painted, and have, at
       its top, a flashing beacon equipped with two lamps and red filters,
       along with at least two lamps enclosed in red obstruction light globes
       located on a level at approximately one-half the overall height of the
       tower. The lights on antenna structure #1015782 are required to burn
       continuously or be controlled by a light sensitive device.

    3. On May 29, 2007, at approximately 8:00 p.m. PDT, an agent from the
       Enforcement Bureau's San Francisco Office observed the three-tower
       array used by KVIN and noted that a top tower light on antenna
       structure #1015782 was extinguished. The next day, on May 30, 2007, at
       approximately 9:00 p.m. PDT, the San Francisco agent again observed
       the three-tower array used by KVIN and noted that a top tower light on
       antenna structure #1015782 was extinguished.

    4. On May 31, 2007, the San Francisco agent contacted the Federal
       Aviation Administration ("FAA") Flight Service Station to determine if
       the tower light outage had been reported. The FAA reported that they
       had not received any information concerning a tower light outage and
       advised that a Notice to Airmen ("NOTAM") would be published
       concerning the reported tower light outage for antenna structure
       #1015782. The FAA Flight Service Station then issued NOTAM number
       05103.

    5. On June 11, 2007, San Francisco agents conducted an inspection of the
       KVIN main studio located at 961 North Emerald Avenue, Modesto,
       California. The agents reviewed the KVIN station records and found no
       entries prior to June 11, 2007, concerning light outages on the KVIN
       three-tower array, including antenna structure #1015782. The agents
       also interviewed the KVIN general manager, who acknowledged that he
       was not aware of any lighting problems on the KVIN three-tower array
       until the morning of the inspection by the San Francisco agents. Later
       that day, the general manager accompanied the San Francisco agents to
       the site of the three-tower array. The general manager was unable to
       illuminate the top light on antenna structure #1015782, and determined
       that there was some damage to the electronic system which controlled
       the flashing mechanism for antenna structure #1015782.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully 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 "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.51 of the Rules states that all red
       obstruction lighting shall be exhibited from sunset to sunrise unless
       otherwise specified. According to its ASR, antenna structure #1015782
       is required to have, at its top, a flashing beacon equipped with two
       lamps and red filters, along with at least two lamps enclosed in red
       obstruction light globes located on a level at approximately one-half
       the overall height of the tower. Section 17.47(a) requires that the
       owner of any antenna structure which is registered with the Commission
       and has been assigned lighting specifications 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. Section 17.48 of the Rules
       requires the owner of an antenna structure to report immediately by
       telephone or telegraph to the nearest Flight Service Station or office
       of the FAA any observed or otherwise known extinguishment or improper
       functioning or any top steady burning light or any flashing
       obstruction light, regardless of its position on the antenna
       structure, not corrected within 30 minutes.

    8. On May 29, 2007, at approximately 8:00 p.m., a San Francisco agent
       observed that the flashing beacon on antenna structure #1015782 was
       extinguished. On May 30, 2007, at approximately 9:00 p.m., the San
       Francisco agent again observed that the flashing beacon on antenna
       structure #1015782 was extinguished. The San Francisco agent contacted
       the FAA Flight Service Station and found that Threshold had not
       reported the outage, thus requiring the San Francisco agent to make
       the report requesting the NOTAM. When San Francisco agents inspected
       the KVIN main studio on June 11, 2007, they could find no logs dated
       prior to June 11, 2007, concerning the light outage on antenna
       structure #1015782, and the KVIN general manager acknowledged he was
       unaware of the light outage until the morning of the inspection. The
       San Francisco agents inspected the antenna structure with the KVIN
       general manager and found that the structure's top-mounted red
       flashing beacon could not be illuminated. Threshold's failure to
       monitor the lights on antenna structure #1015782 resulted in its
       failure to notify the FAA Flight Service Station of the outage of the
       flashing obstruction lights, which are required to be exhibited from
       sunset to sunrise. Based on the evidence before us, we find that
       Threshold apparently repeatedly violated Section 303(q) of the Act,
       and Sections 17.51(a), 17.47(a) and 17.48 of the Rules, by failing to
       maintain the required red obstruction lighting on antenna structure
       #1015782; by failing to monitor, either visually or through an
       automatic monitoring system, the antenna structure's lights; and by
       failing to report the extinguishment of the flashing obstruction
       lighting on antenna structure #1015782.

    9. 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 failing to comply with prescribed lighting
       and/or marking of an antenna structure is $10,000. 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 Threshold is apparently liable for a $10,000
       forfeiture.

   IV. ORDERING CLAUSES

   10. 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, Threshold Communications is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten  thousand dollars ($10,000) for violations of Section
       303(q) of the Act, and Sections 17.47(a), 17.48 and 17.51(a) of the
       Rules.

   11. 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, Threshold Communications
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. 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.

   13. The response to the NAL, if any, must be mailed to Federal
       Communications Commission, Enforcement Bureau, Western Region, San
       Francisco Office, 5653 Stoneridge Drive, Ste. 105, Pleasanton,
       California, 94588-8543 and must include the NAL/Acct. No. referenced
       in the caption.

   14. 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.

   15. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   16. 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 Threshold Communications, at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. Van Stavern

   District Director

   San Francisco District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   47 C.F.R. S: 17.47(a).

   47 C.F.R. S: 17.48.

   47 U.S.C. S: 503(b).

   FAA Circular Number 70/7460-1F, Chapters 3, 4, and 5.

   FAA Circular Number 70/7460-1F, Chapter 3.

   FAA Circular Number 70/7460-1F, Chapters 4 and 5.

   FAA Circular Number 70/7460-1F, Appendix 2, Figure 1.

   FAA Circular Number 70/7460-1F, Chapter 5.

   According to the U.S. Naval Observatory, sunset in Waterford, California,
   occurred at 8:17 p.m., PDT, on May 29, 2007.

   The agents found one entry, dated June 11, 2007, which noted the light
   outage. The entry was made prior to the agents' arrival at the main
   studio.

   The general manager also produced for the agents a receipt showing that
   the light bulbs for all the lights on the three-tower array had been
   replaced on January 29, 2007.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   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 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   FAA Circular Number 70/7460-1F, Chapters 4 and 5.

   47 C.F.R. S: 17.47(a).

   47 C.F.R. S: 17.48.

   The San Francisco agent's request to issue a NOTAM was done to protect the
   public safety, given that the FAA- mandated lighting on the structure was
   not functioning and that the antenna structure was therefore a potential
   hazard to air navigation. We caution antenna structure owners, however,
   that it is incumbent upon them, and not a third party, to notify the FAA
   of any extinguishments or malfunctioning lights.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   17.47(a), 17.48, 17.51(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission