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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   James Davis ) File No. EB-09-HU-0022

   Owner of Antenna Structure # 1214169 )

   Hearne, Texas ) Citation No. C201032540002



                                                     Released: March 16, 2010

   By the Resident Agent. Houston Office, South Central Region, Enforcement

    1. This is an Official Citation issued pursuant to Section 503(b)(5) of
       the Communications Act of 1934, as amended ("Act"), to James Davis for
       failing to notify the Commission immediately of a change in antenna
       structure ownership, failing to maintain the paint on an antenna
       structure, failing to exhibit required obstruction lighting from
       sunset to sunrise, and failing to notify the Federal Aviation
       Administration of a lighting outage in violation of Sections 17.57,
       17.50, 17.51, and 17.48(a) of the Commission's Rules ("Rules").

    2. Antenna structure # 1214169 is 112.2 meters above ground and is
       required to be painted and lit. As of February 8, 2010, according to
       the Antenna Structure Registration ("ASR") database, Marshall Media
       Group, Inc. is the registered owner of the structure.

    3. On May 4 and 8, 2009, an agent of the Commission's Houston Resident
       Agent Office of the Enforcement Bureau ("Houston Office") observed
       that the lights on antenna structure # 1214169 were unlit and
       discovered that the owner of the antenna structure had not notified
       the FAA of the outage. The agent also observed that the structure's
       paint was severely faded and chipped and in obvious need of fresh
       paint. The agent determined that Clear Channel Radio purchased the
       antenna structure from Marshall Media Group, Inc. and then sold it to
       Mr. Davis for $1 in September 2008. On July 30, 2009, Mr. Davis
       acknowledged ownership of the antenna structure to an agent of the
       Houston Office.

    4. Section 17.57 of the Rules states that the "owner [of an antenna
       structure] must also immediately notify the Commission using FCC Form
       854 upon any change in ... structure ownership information."

    5. Section 17.50 of the Rules states that "[a]ntenna structures requiring
       painting under this part shall be cleaned or repainted as often as
       necessary to maintain good visibility."

    6. Section 17.51(a) of the Rules states "[a]ll red obstruction lighting
       shall be exhibited from sunset to sunrise unless otherwise specified."
       Section 17.48(a) of the Rules states "[t]he owner of any antenna
       structure which is registered with the Commission and has been
       assigned lighting specification ... shall report immediately to the
       nearest Flight Service Station or office of the FAA any observed or
       otherwise known extinguishment ... of any top steady burning light or
       any flashing obstruction light ... not corrected within 30 minutes."

    7. Accordingly, it appears that Mr. Davis has violated Section 17.57 of
       the Rules by failing to update immediately the ownership information
       for antenna structure # 1214169 in the ASR database. In addition, it
       appears that Mr. Davis has violated Section 17.50 of the Rules by
       failing to repaint the antenna structure to maintain good visibility.
       Moreover, it appears that Mr. Davis has violated Sections 17.48(a) and
       17.51 of the Rules by failing to notify the FAA of a lighting outage
       on the antenna structure not correctable within 30 minutes and failing
       to exhibit the required lighting on the antenna structure from sunrise
       to sunset.

    8. We caution you that failure to update the ownership information in the
       ASR database, failure to repaint the antenna structure, and failure to
       repair the light outage would constitute further violations of the
       Rules, which could subject you to substantial monetary forfeitures,
       seizure of equipment through in rem forfeiture action, and criminal
       sanctions, including imprisonment.

    9. If you choose to do so, you may respond to this citation within 14
       days from the date of this letter either through (1) a personal
       interview at the Commission's Field Office nearest to your residence,
       or (2) a written statement. Any written statements should specify what
       actions have been taken to correct the violation outlined above. The
       response must be complete in itself and signed by you. All replies and
       documentation sent in response to this Citation should be marked with
       the File No EB-09-HU-0022 and mailed to the following address:

   Federal Communications Commission

   9597 Jones Road, #362

   Houston, Texas 77065

   10. If you choose to request a personal interview, the closest FCC Office
       is noted above. You should contact this office by telephone, (XXX)
       XXXX-XXXXo schedule this interview, which must take place within 14
       days of this Citation.

   11. 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.

   12. IT IS ORDERED that copies of this Citation shall be sent by First
       Class U.S. Mail and Certified Mail, Return Receipt Requested to James
       Davis at his address of record.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5). Section 503(b)(5) of the Act provides that a
   Citation is not required in the case of violations of Section 303(q) of
   the Act, 47 U.S.C. S: 303(q) , if the person involved is a nonlicensee
   tower owner who has previously received notice of the obligations imposed
   by Section 303(q) from the Commission or the permittee or licensee who
   uses that tower. In this case, however, we are providing a Citation to Mr.
   Davis, because such notice was not previously provided to Mr. Davis.

   47 C.F.R. S:S: 17.51, 17.50, 17.48(a), 17.57. Although the antenna
   structure was no longer being used for the transmission of radio energy,
   at the time of the inspection, Mr. Davis, as the owner of the structure,
   was required  to maintain the painting and lighting requirements assigned
   to the  antenna structure until the structure is dismantled.  See 47
   U.S.C. S: 303(q).

   On May 4, 2008, the agent notified the FAA of the outage, and the FAA
   issued a Notice to Airmen ("NOTAM") at that time.

   47 C.F.R. S: 1.80(b)(3).

   47 U.S.C. S:S: 401, 501, 503, 510.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission



                       Federal Communications Commission