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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WXXI Public Broadcasting Council Inc. ) File No.: EB-FIELDNER-12-00001042
Antenna Structure Registrant )
ASR # 1003954, 1003955, 1003956, and 1003957 ) NOV No. V201232400032
Licensee of Radio Station WXXI )
Facility ID # 74220 )
Rochester, New York )
NOTICE OF VIOLATION
Released: March 19, 2012
By the Acting District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules to WXXI Public Broadcasting Council Inc.
(WXXI), licensee of AM Radio Station WXXI in Rochester, New York and
registrant of antenna structure numbers 1003954, 1003955, 1003956, and
1003957 (Antenna Structures) in Brighton, New York.
2. On February 22, 2012, agents of the Commission's Philadelphia Office
inspected the Antenna Structures located at 560 French Road, Brighton,
New York and observed the following violations:
a. 47 C.F.R. S: 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part 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. Such reports shall set forth the condition of the light or
lights, the circumstances which caused the failure, the probable date
for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report." An investigation by this office determined that, although
WXXI was aware that the top-level flashing obstruction beacon on
antenna structure number 1003957 was steady burning instead of
flashing, WXXI did not notify the Federal Aviation Administration
within 30 minutes of its observation of the light malfunction.
b. 47 C.F.R. 17.4(g): "The Antenna Structure Registration Number must be
displayed in a conspicuous place so that it is readily visible near
the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of the inspection, there were no Antenna
Structure Registration Numbers posted at or near the base of the
Antenna Structures.
c. 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." At the time
of inspection, the Antenna Structure Registration database had not
been updated for the Antenna Structures to reflect a change in
telephone number.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, WXXI Public
Broadcasting Council Inc. 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 the tower owner. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to WXXI Public Broadcasting Council 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
David C. Dombrowski
Acting District Director
Philadelphia District Office
Northeast 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
3
Federal Communications Commission