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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kemp Broadcasting, Inc ) File No.: EB-FIELDWR-13-00008283
)
Registrant of Antenna Structure No. 1061958 ) NOV No.: V201332900025
)
)
Moapa, Nevada )
NOTICE OF VIOLATION
Released: May 16, 2013
By the District Director, Los Angeles 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 Kemp Broadcasting, Inc,
registrant of Antenna Structure No. 1061958 in Moapo, Nevada. 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(s) noted herein.^
2. On April 17, 2013, an agent of the Enforcement Bureau's Los Angeles
Office inspected Antenna Structure No. 1061958 located at Moapa,
Nevada, and observed the following violations:
a. 47 C.F.R. S 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." During the inspection, the agent observed no Antenna
Structure Registration Number posted near the base of the antenna
structure.
b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a) 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..." The agent observed extinguished flashing obstruction
lights on the tower, both during the day and at night. Yet, the
agent's research indicated a Notice to Airmen (NOTAM) had not been
reported by the tower owner. Furthermore, during a telephone call on
April 29, 2013 with a representative of Kemp Broadcasting, Inc, the
agent was informed that a NOTAM had not been reported.
c. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." During
a nighttime observation, the agent observed no flashing red
obstruction lighting at the . level.
d. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified." During a daytime observation, the agent observed no
medium intensity obstruction lighting at the top or . levels of the
structure; only one light was observed at the . and . levels, where a
minimum of two are required.
e. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." At the time
of the inspection, the FCC's antenna structure registration database
listed the status of the antenna structure as "Granted" instead of
"Constructed" even though the structure has been constructed.
According to information obtained from the FAA, the antenna structure
was constructed in 2001.
f. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." At the time
of the inspection, the FCC's antenna structure registration database
did not list the correct owner's name or address.
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.
Additionally, we request the following information be provided: (1)
how were lights on antenna structure 1061958 monitored pursuant to
Section 17.47 of the Rules for the period from January 1 to April 29,
2013; (2) the last date when all lighting on antenna structure
1061958 was known to be operational prior to April 29, 2013 and how
that determination was made, including providing records of observed
or otherwise known extinguishments or improper functioning of
structure lights pursuant to Section 17.49 of the Rules; and (3) the
current status of the lights on antenna structure 1061958 and if not
yet fully restored, provide a timeframe as to when the repairs are
expected to be completed.
4. Therefore, Kemp Broadcasting, Inc, 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.^
5. In accordance with Section 1.16 of the Rules, we direct Kemp
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 Kemp Broadcasting, Inc with personal
knowledge of the representations provided in Kemp 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.^
6. 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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
7. This Notice shall be sent to Kemp Broadcasting, Inc at its address of
record.
8. 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
Charles A. Cooper
District Director
Los Angeles District 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
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Federal Communications Commission