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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Capstar Radio Operating Company ) File No. EB-07-SF-304
Antenna Structure Registrant )
ASR Nos. 1062012 and 1062014 )
Elk Grove, California ) NOV No. V200832960002
)
)
NOTICE OF VIOLATION
Released: February 22, 2008
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Capstar Radio Operating Company
registrant of antenna structures 1062012 and 1062014 in Elk Grove,
California.
2. On January 28, 2008, an agent of the Enforcement Bureau's San
Francisco Office observed antenna structures 1062012 and 1062014
located at Elk Grove, California, and observed the following
violation:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." During
the inspection on January 28, 2008, the agent observed that the red
obstruction lights on antenna structures 1062012 and 1062014 were not
lighted at sunset. The agent observed that approximately 10 minutes
later the red obstruction lights were lighted on the antenna
structures.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Capstar Radio Operating
Company, 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 Capstar Radio Operating Company. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Capstar Radio Operating Company at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. VanStavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission