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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Univision Radio Florida, LLC ) File No. EB-FIELDSCR-12-00004846
Owner of Antenna Structure Nos. )
1025923, 1025924, 1025925, 1025926, 1025927 ) NOV No. V201332600002
)
Miami, Florida )
)
NOTICE OF VIOLATION
Released: October 25, 2012
By the Resident Agent, Miami 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 (Rules), to Univision Radio Florida, LLC
(Univision), owner of antenna structures 1025923, 1025924, 1025925,
1025926, and 1025927 in Miami, Florida. Pursuant to Section 1.89(a) of
the Rules, issuance of this NOV does not preclude the Enforcement
Bureau from further action if warranted, including issuing a Notice of
Apparent Liability for Forfeiture for the violation(s) noted herein.
2. On October 16, 2012, an agent of the Enforcement Bureau's Miami Office
inspected antenna structures 1025923, 1025924, 1025925, 1025926, and
1025927 in Miami, Florida and observed the following violation:
47 C.F.R. S: 17.21(a): "Antenna structures shall be painted and lighted
when they exceed 60.96 meters (200 feet) in height above the ground or
they require special aeronautical study." According to their FCC antenna
structure registrations, all four towers exceed 200 feet in height above
ground and require painting and lighting as specified in FAA Circular
Number 70/7460-1J Chapters 3, 4, 5, and 13. During the inspection, the
agent observed that antenna structures 1025924 and 1025926 did not have
any lighting systems installed, in violation 47 C.F.R. S: 17.21(a). In
order to come into compliance with the Commission's rules, Univision must
do one of the following: (1) obtain new FAA "no hazard" determinations for
each tower indicating that no lighting system is required and then submit
modified antenna structure registrations to reflect the new "no hazard"
determinations; (2) submit modified registrations if new FAA "no hazard"
determinations have already been obtained; or (3) come into compliance
with the current requirements by lighting the towers.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Univision must submit a written statement concerning this matter
within twenty (20) days of release of this Notice. The response (i)
must fully explain each violation, including all relevant surrounding
facts and circumstances, (ii) must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
(iii) must include a time line for completion of any pending
corrective action(s). The response must be complete in itself and
must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Rules, we direct Univision to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Univision with personal knowledge of the representations provided in
Univision's response, verifying the truth and accuracy of the
information therein, and confirming that all of the information
requested by this Notice which is in the licensee's possession,
custody, control, or knowledge has been produced. To knowingly and
willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title
18 of the U.S. Code.
5. 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
Miami Office
PO Box 520617
Miami, FL 33152-0617
6. This Notice shall be sent to Univision Radio Florida, LLC at its
address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
Antenna structures 1025924 and 1025926 require red lights and paint
according to their latest FAA aeronautical studies, 1997-ASO-2567 and
1997-ASO-2565, respectively.
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission