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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Univision Television Group, Inc. ) File No. EB-09-SF-0014
Antenna Structure Registrant )
ASR # 1047885 )
San Andreas, California ) NOV No. V201032960004
NOTICE OF VIOLATION
Released: March 9, 2010
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 Univision Television Group, Inc.,
registrant of antenna structure # 1047885 on Bear Mountain near San
Andreas, California.
2. On December 10, 2009, agents of the Enforcement Bureau's San Francisco
Office inspected antenna structure # 1047885 located near San Andreas,
California, and observed the following violations:
a. 47 C.F.R. S: 17.6 (a): "The antenna structure owner is responsible
for maintaining the painting and lighting in accordance with this
part." At the time of inspection the structure's painting and
lighting was not being maintained in accordance with the
specifications set forth in the antenna structure registration
("ASR"). The ASR at that time required painting and lighting to meet
the specifications of FCC paragraphs 1,3,12, and 21 (the structure be
painted and have at its top a flashing red beacon along with steady
burning red side obstruction lights at two-thirds and one-third of
the overall height of the tower, and the lights were to be displayed
continuously or controlled by a light sensitive device). The lights
as installed were dual lighting with a red flashing light for
nighttime operation and a flashing medium intensity light for daytime
operation. The lights were controlled with a light sensitive device.
b. 47 C.F.R. S: 17.47(a)(2): "The owner of any antenna structure which
is registered with the Commission and has been assigned lighting
specifications referenced in this part: ... Shall provide and
properly maintain an automatic alarm system designed to detect any
failure of such lights and to provide indication of such failure to
the owner." At the time of the inspection, the agents determined that
the automatic alarm system was not working as the system had failed
to report that the nighttime lighting had failed.
c. 47 C.F.R. S:17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." The
inspection revealed that the daytime lighting configuration was
operating continuously, and that the red nighttime lights were not
being displayed after sunset.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Univision Television
Group, 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 Univision Television Group, 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, Suite 105
Pleasanton, California 94588-8543
4. This Notice shall be sent to Univision Television Group, 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. Van Stavern
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