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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
New Inspiration Broadcasting Co., )
Inc. File Number: EB-07-SF-299
)
Antenna Structure Registrant NAL/Acct. No.: 200832960002
)
Sloughhouse, California FRN: 0001520303
)
ASR No. 1207183
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 30, 2008
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 New Inspiration Broadcasting Co., Inc. ("New Inspiration"), owner
of antenna structure #1207183 near Sloughhouse, 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 monitor the antenna
structure's lights, using a properly maintained indicator to register
any failure of such lights, a violation of Section 17.47(a) of the
Rules. New Inspiration'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 New Inspiration Broadcasting Co., Inc. is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. Antenna structure #1207183 is an antenna tower of 105.5 meters
(346.128 feet) in height above ground. It is tower four in a
four-tower array used by KTKZ(AM) to serve Sacramento, California.
According to the antenna structure registration ("ASR") for antenna
structure #1207183, the structure is required to be painted and lit 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 multiple steady
burning red side obstruction lights.
3. On November 20, 2007, the Enforcement Bureau's San Francisco Office
received a complaint that antenna structure #1207183 located near
Sloughhouse, California was not lighted. An agent of the San Francisco
Office contacted the Federal Aviation Administration ("FAA") Flight
Service Station to determine if the tower light outage had been
reported. The FAA informed the San Francisco Office that no prior
light outage report had been made for antenna structure #1207183, and
issued a 15 day Notice to Airmen ("NOTAM"). The San Francisco agent
then drove to the Sloughhouse, California, area and inspected antenna
structure #1207183 at approximately 4:55 p.m. Later that evening, at
approximately 8:30 p.m., the agent observed that the nighttime red
obstruction lights for the antenna structure were not functioning.
4. On November 28, 2007, the San Francisco agent drove to the
Sloughhouse, California, area and observed, at approximately 5:30
p.m., that the nighttime red obstruction lights for antenna structure
#1207183 were not functioning.
5. On November 30, 2007, the San Francisco agent went to the studio
location for KTKZ(AM) in Sacramento, California, and interviewed the
station's chief operator concerning the light outage on antenna
structure #1207183. The chief operator told the San Francisco agent
that he was unaware of any lighting problems on antenna structure
#1207183. The chief operator then reviewed the monitoring system for
antenna structure #1207183 and the other antenna structures in its
array and the monitoring system indicated that there were no light
outages. The San Francisco agent then examined the records for
KTKZ(AM) and the antenna structures and found no log entries
concerning any light outages for antenna structure #1207183.
6. On December 5, 2007, the KTKZ(AM) chief engineer telephoned the San
Francisco agent and acknowledged that there had been a failure of all
the lights on antenna structure #1207183. The chief engineer also
informed the agent that he had contacted the FAA to renew NOTAM for
antenna structure #1207183.
III. DISCUSSION
7. 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.
8. 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(a) of the Rules states that all red
obstruction lighting shall be exhibited from sunset to sunrise unless
otherwise specified. The FAA Advisory Circular chapters for antenna
structure #1207183 require that the structure be painted and have, at
its top, a flashing beacon equipped with two lamps and red filters,
along with multiple steady burning red side obstruction lights.
Section 17.47(a) of the Rules 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 that
registered antenna structures that have been assigned lighting
specifications shall report immediately by telephone or telegraph to
the FSS or FAA any observed or otherwise known extinguishment of any
flashing obstruction light not corrected within 30 minutes.
9. On November 20, 2007, at approximately 4:55 p.m., and again at
approximately 8:30 p.m., a San Francisco agent observed that the red
obstruction lights on antenna structure #1207183 were not functioning.
When the San Francisco agent contacted the FAA Flight Service Station
and found that New Inspiration had not reported the outage, the San
Francisco agent made the report requesting the NOTAM. On November 28,
2007, at approximately 5:30 p.m., a San Francisco agent observed that
the red obstruction lights on antenna structure #1207183 were not
functioning. When the San Francisco agent inspected the KTKZ(AM) main
studio on November 30, 2007, he could find no logs concerning the
light outage on antenna structure #1207183, and the KTKZ(AM) chief
operator acknowledged that he was unaware of the light outage. The
chief operator also reviewed the monitoring equipment for antenna
structure #1207183 and the other antenna structures in its array and
found that the system did not indicate any failure with any of the
lights on the structures. The chief operator later contacted the San
Francisco agent and acknowledged that there had been a failure of all
the lights on antenna structure #1207183. New Inspiration's failure to
observe a properly maintained indicator designed to register any
lighting failure resulted in New Inspiration's failure to monitor the
lights on antenna structure #1207183. This failure to monitor resulted
in New Inspiration's 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 New Inspiration 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 #1207183; by failing to monitor the
antenna structure's lights, using a properly maintained indicator
designed to register any lighting failure; and by failing to report
the extinguishment of the flashing obstruction lighting on antenna
structure #1207183.
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 failing to comply with the prescribed
lighting and/or marking for 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)(D) 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 New Inspiration is apparently liable for a
$10,000 forfeiture.
IV. ORDERING CLAUSE
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 and
1.80 of the Commission's Rules, New Inspiration Broadcasting Co., Inc
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.
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, New Inspiration
Broadcasting Co., Inc 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, Western Region, San Francisco Office,
5653 Stoneridge Drive, Suite 105, Pleasanton, California 94588 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, Room 1A625, 445
12th Street, S.W., Washington, D.C. 20554.
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 New Inspiration Broadcasting Co., Inc,
4880 Santa Rosa Road, Suite 300, Camarillo, California 93012-5197.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. VanStavern
District Director
San Francisco 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).
New Inspiration is also the licensee of KTKZ(AM).
See FAA Circular Number 70/7460-1J, Chapters 3, 4, 5 and 13.
FAA Circular Number 70/7460-1J, Appendix 1, Figure 11.
According to the U.S. Naval Observatory, sunset in the Sacramento,
California, area occurred at 4:50 p.m., PST, on November 20, 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 70/7460-1J, Chapters 3, 4, 5 and 13, Appendix 1,
Figure 11.
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 12 FCC Rcd 17087(1997), recon. denied 15 FCC Rcd 303 (1999).
13 47 U.S.C. S: 503(b)(2)(D).
14 47 U.S.C. S:S: 303(q), 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80,
17.47(a), 17.48, 17.51(a).
15 See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
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Federal Communications Commission