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Before the
* Federal Communications Commission
* Washington, D.C. 20554
)
)
In the Matter of
)
Union Broadcasting, Inc.
) File No.: EB-FIELDSCR-12-00005365
Owner of Antenna Structure
Numbers 1014877, 1014878, ) NOV No.: V201332560008
1014879, 1014880, and 1014881
)
Nashua, MO
)
)
NOTICE OF VIOLATION
Released: November 28, 2012
By the District Director, Kansas City 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 Union Broadcasting, Inc., owner
of antenna structure numbers 1014877, 1014878, 1014879, 1014880, and
1014881 in Nashua, Missouri. 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 November 9, 2012, an agent of the Commission's Kansas City Office
inspected antenna structure numbers 1014877, 1014878, 1014879,
1014880, and 1014881 located at 400 E Cookingham Rd, Nashua, MO and
observed the following violation(s):
47 C.F.R. S: 17.23: "Unless otherwise specified by the
Commission, each new or altered antenna structure to be
registered on or after January 1, 1996, must conform to the FAA's
painting and lighting recommendations set forth on the
structure's FAA determination of "no hazard..." At the time of
inspection, the agent observed that the top beacons on structure
numbers 1014878, 1014879, 1014880, and 1014881 were white, and
not red as required.
47 C.F.R.S:17.47(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
a. specifications referenced in this part: (a)(1) Shall make an
observation of the antenna structure's lights at least once each
b. 24 hours either visually or by observing an automatic properly
maintained indicator designed to register any failure of such
lights, to insure that all such lights are functioning properly
as required; or alternatively, (2) Shall provide and properly
maintain an automatic alarm system designed to detect any failure
of such lights and to provide indication of such failure to the
owner." At the time of the inspection, Union Broadcasting's
operations manager told the agent that the lights on antenna
structure numbers 1014877, 1014878, 1014879, 1014880, and 1014881
were visually monitored once a week. The automatic indicator
installed was only able to detect a complete light outage and was
unable to determine if individual lights were out.
47 C.F.R.S:17.56: "Maintenance of lighting equipment. (a)
Replacing or repairing of lights, automatic indicators or
automatic control or alarm systems shall be accomplished as soon
as practicable. (b) The flash tubes in a high intensity
b. obstruction lighting system shall be replaced whenever the peak
effective daytime intensity falls below 200,000 candelas." At the
time of the inspection, the agent found that the lights on
antenna structure number 1014880 were inoperable and had been
inoperable since at least August 5, 2010.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Union Broadcasting, Inc.,
must submit a written statement concerning this matter within twenty
(20) days of release of this Notice. The response must (i) 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 Union
Broadcasting, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Union Broadcasting, Inc. with personal
knowledge of the representations provided in Union Broadcasting,
Inc.'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.
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
Kansas City Office
520 NE Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
5. This Notice shall be sent to Union Broadcasting, Inc. at its address
of record.
6. 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
Ronald D. Ramage
District Director
Kansas City Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission