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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Capstar Radio Operating Company ) File No. EB-FIELDWR-13-00007626
Antenna Structure Registrant )
ASR #1006185 ) NOV No. V201332780015
Anchorage, Alaska )
)
NOTICE OF VIOLATION
Released April 25, 2013
By the Resident Agent, Anchorage 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,^ to Capstar Radio Operating Company
(Capstar), registrant of antenna structure # 1006185 in Anchorage,
Alaska. Pursuant to Section 1.89(a) of the Commission's 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 March 27, 2013, an agent of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure #1006185 located off
of 2800 E. Dowling Road in Anchorage, Alaska, and observed the
following violation:
a. 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," as referenced in the . . . FAA Advisory Circulars . . . ."
Antenna structure #1006185 requires painting and lighting as
specified in Chapters 3, 4, 5 and 12 of FAA Circular Number
70/7460-1K. Chapter 5 requires a L-864 flashing beacon to be mounted
at the mid-level of the antenna structure. The agent did not observe
this type of beacon mounted at the mid-level of the antenna
structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Capstar, 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 Commission's Rules, we direct
Capstar to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Capstar with personal knowledge of the
representations provided in Capstar'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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6. This Notice shall be sent to Capstar 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
Marlene Windel
Resident Agent
Anchorage 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. S403.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Commission's 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