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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SNL Radio, Inc. ) File No. EB-FIELDWR-12-00005845
)
Antenna Structure Registrant )
)
ASR # 1042295 )
)
Caldwell, Idaho ) NOV No. V201332920004
NOTICE OF VIOLATION
Released: January 7, 2013
By the Resident Agent, Portland Resident Agent Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to SNL Radio, Inc. (SNL),
registrant of antenna structure # 1042295 in Caldwell, Idaho.
Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation noted herein.
2. On December 27, 2012, an agent of the Enforcement Bureau's Portland
Office received a complaint concerning antenna structure light outage
associated with structure ASR# 1042295 in Caldwell, Idaho. Subsequent
investigation from this office determined the following violation:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited
from sunset to sunrise unless otherwise specified." The investigation
confirmed that on the level at approximately two-thirds of the antenna
structure height, both red side lights were extinguished. On the level
approximately one-third of the overall height of the antenna structure,
one of the side lights was extinguished.
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,
SNL, 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 SNL to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
SNL Radio, Inc. with personal knowledge of the representations
provided in SNL'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 regulatee'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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666-1469
6. This Notice shall be sent to SNL Radio, Inc. 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western 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).
Federal Communications Commission
3
Federal Communications Commission