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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Ohana Media Group, LLC )  File No. EB-FIELDWR-13-00009183

   Owner of Antenna Structure No. 1005015 )  NOV No. V201332780022

   Anchorage, Alaska  )

   )

                              NOTICE OF VIOLATION

                                                      Released: July  3, 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  Ohana Media Group, LLC (Ohana),
       registrant of antenna structure #1005015 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 June 10 and June 11, 2013, an agent of the Enforcement Bureau's
       Anchorage Resident Agent Office inspected antenna structure #1005015
       located  off of 2241 Woodworth Circle, 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 #1005015 requires painting and lighting
        requirements as specified by FAA Chapters 4, 8, and 12 in accordance
        with FAA Circular Number 70/7460-1K.  Chapter 8 requires the mounting
        at the top of the antenna structure, a dual lighting system that
        includes red lights for nighttime and medium intensity flashing white
        lights for daytime and twilight use. The agent inspected during
        daylight hours  and  failed to observe a top-mounted light flashing
        white.

   b.  47 C.F.R. S Section 17.48(a): "The owner of any antenna structure
   which is registered with the Commission and has been assigned lighting
   specifications referenced in this part 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."  On June 11, 2013, during
   daylight hours, the agent inspected the tower. The agent did not observe
   the top mounted light flashing white. The agent failed to locate a NOTAM
   issued against this antenna structure. The agent contacted Ohana and
   advised of the non-operational light; thereafter, Ohana initiated a NOTAM.

    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, Ohana  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
       Ohana  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Ohana with personal knowledge of the
       representations provided in Ohana'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 Ohana 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

   3

                       Federal Communications Commission