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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Blount Broadcasting Corporation ) File No. EB-11-AT-0145
Owner of Antenna Structure
Numbers 1044297, 1044298 and 1044299 ) NOV No. V20123248003
Louisville, TN )
)
)
NOTICE OF VIOLATION
Released: November 21, 2011
By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's rules to Blount Broadcasting Corporation,
owner of the three-tower antenna array with antenna structure numbers
1044297, 1044298, and 1044299, located in Knoxville, Tennessee.
2. On October 27, 2011, in response to a complaint about a tower lighting
outage on the three-tower antenna array, an agent of the Commission's
Atlanta Office observed the following violations:(s):
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." On
October 27, 2011, the red obstruction lighting on antenna structure
numbers 1044298 and 1044299 was not exhibited after sunset. Blount
Broadcasting Corporation provided Federal Aviation Administration
determinations of "no air hazard" which indicated that painting and
lighting specifications were only required for antenna structure
1044297. However, the Antenna Structure Registration database
specifies lighting and painting specifications for all three
structures. Blount Broadcasting Corporation must file an FCC Form 854
to modify the Antenna Structure Registration database to reflect the
current lighting and painting specifications.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been
obtained...must...immediately notify the Commission using FCC Form
854 upon any change in structure height or change in ownership
information." On October 27, 2011, the agent found that the Antenna
Structure Registration database did not list Blount Broadcasting
Corporation as the owner of the three antenna structures.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, Blount
Broadcasting Corporation, must submit a written statement concerning
this matter within twenty (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 Blount Broadcasting Corporation.
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
Atlanta Office
3575 Koger Blvd, Suite 320
Duluth, GA 30096
4. This Notice shall be sent to Blount Broadcasting Corporation 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
Douglas G. Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau
cc:
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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