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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MBC Grand Broadcasting, Inc. ) File No. EB-10-DV-0042
Antenna Structure Registrant )
ASR # 1060414 )
Glenwood Springs, Colorado ) NOV No. V201032800021
)
NOTICE OF VIOLATION
Released: April 20, 2010
By the District Director, Denver 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 MBC Grand Broadcasting, Inc.
("MBC"), registrant of antenna structure #1060414 in Glenwood Springs,
Colorado.
2. On April 1, 2010, an agent of the Enforcement Bureau's Denver Office
inspected antenna structure #1060414 located in Glenwood Springs,
Colorado, and observed the following violations:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." At the
time of inspection, two sidelights were extinguished at the one-third
level and one sidelight was extinguished at the two-thirds level on
antenna structure #1060414.
b. 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 specifications for antenna structure #1060414 are listed as
FCC paragraphs 1, 3, 11, and 21. Paragraph 11 requires that the
structure have sidelights with at least two red obstruction lights
installed at its mid point. At the time of inspection, the antenna
structure had red obstruction lights installed at one third and
two-thirds levels of the overall height of the structure. The
sidelights were not installed in accordance with its associated FCC
antenna structure registration.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, MBC 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 the MBC. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226
4. This Notice shall be sent to MBC Grand 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
Nikki P. Shears
District Director
Denver 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