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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
California Oregon Broadcasting, Inc. ) File No.: EB-08-SF-0177
)
Registrant of Antenna Structure # 1050214 )
Eureka, California ) NOV No.: V200832960008
)
NOTICE OF VIOLATION
Released: June 26, 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 California Oregon Broadcasting,
Inc., registrant of antenna structure number 1050214 located near Bay
and 7th Street, Eureka, California.
2. On May 15, 2008, agents of the Enforcement Bureau's San Francisco
Office made nighttime observations of antenna structure number 1050214
and noted that the side lights were not lit and the top beacon was
only flashing two to three times per minute. On May 16, 2008, the
agents inspected antenna structure number 1050214 and observed the
following violations:
a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted
when:(a) They exceed 60.96 meters (200 feet) in height above the ground or
they require special aeronautical study." The painting and lighting
specification for antenna structure number 1050214 are listed as FCC
Paragraphs 1, 3, 11, 21. FCC Paragraph 3 requires that the top beacon
flash not more than 40 flashes per minute and not less than 12 flashes per
minute, and Paragraph 11 requires that the structure have at least two red
obstruction lights installed at its midpoint. On the evening of May 15,
2008, the agents observed that the side lights were not functioning and
the top beacon was flashing no more than three times per minute.
b. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a) Shall report immediately by
telephone or telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration any observed or otherwise known
extinguishment or improper functioning of any top steady burning light or
any flashing obstruction light, regardless of its position on the antenna
structure, not corrected within 30 minutes." On May 16, 2008, the San
Francisco agents' inspection revealed that California Oregon Broadcasting,
Inc., had not notified the FAA of the improper functioning of the top
beacon on antenna structure number 1050214.
c. 47 C.F.R. S: 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part must maintain a record of any
observed or otherwise known extinguishment or improper functioning of a
structure light . . ." On May 16, 2008, the San Francisco agents'
inspection revealed that the improper functioning of the top beacon and
side lights on antenna structure number 1050214 had not been logged.
d. 47 C.F.R. S: 17.4(a): "The owner of an antenna structure that requires
notice of proposed construction to the Federal Aviation Administration
must register the structure with the Commission." Information provided to
the Commission must be accurate. The FCC registration for antenna
structure number 1050214 states the latitude and longitude of the
structure as 40-o48'08.8" north latitude and 124-o08'24.0" west longitude.
At the time of the inspection, the San Francisco agents observed that the
actual location of the structure is 40-o48'09.8" north latitude and
124-o08'19.8" west longitude, revealing a discrepancy of approximately 370
feet.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, California Oregon
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 California Oregon Broadcasting, Inc. 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, Ste 105
Pleasanton, California, 94588
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to California Oregon Broadcasting, Inc., 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 Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.17.
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
3
Federal Communications Commission