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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clear Channel Broadcasting, Inc. ) File Nos. EB-08-LA-0115
) EB-08-LA-0116
Antenna Structure Registrant ) EB-08-LA-0117
ASR Nos. 1015108, 1015109 and 1015110 )
) NOV No. V200832900004
Bakersfield, CA )
NOTICE OF VIOLATION
Released: May 7, 2008
By the District Director, Los Angeles 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 Clear Channel Broadcasting, Inc.,
registrant of antenna structure numbers 1015108, 1015109 and 1015110
in Bakersfield, California.
2. On April 2, 2008, an agent of the Enforcement Bureau's Los Angeles
Office inspected antenna structure numbers 1015108, 1015109 and
1015110 in Bakersfield, 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." The
antenna structure registration specifications for each of the antenna
structures include FCC Paragraph 11, which requires at least two red
steady burning lights at the approximate midpoint of the overall
height of each of the antenna structures. A nighttime observation on
April 2, 2008, revealed that only one red obstruction light was
displayed at the midpoint of each antenna structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Clear Channel
Broadcasting, Inc., 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 Clear Channel Broadcasting, Inc. All replies
and documentation sent in response to this Notice should be marked
with the File Nos. and NOV No. specified above, and mailed to the
following address:
Federal Communications Commission
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Clear Channel Broadcasting, Inc., at the
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
Leo E. Cirbo
Acting Interim District Director
Los Angeles 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