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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clear Channel Broadcasting, Inc. ) File No.: EB-FIELDNER-13-00009116
)
Owner of Antenna Structure No. 1025281 ) NOV No.: V201332400031
)
Williamsport, Pennsylvania )
)
NOTICE OF VIOLATION
Released: July 15, 2013
By the District Director, Philadelphia Office, Northeastern Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Clear Channel Broadcasting, Inc.
(Clear Channel), owner of antenna structure number 1025281 in
Williamsport, Pennsylvania. 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 violations noted herein.^
2. On June 6, 2013, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure number 1025281 located at 1559 West
Fourth Street, Elm Park, Williamsport, Pennsylvania, and observed the
following violations:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." At the
time of the inspection, an intermediate light was extinguished on
both the 2/3 level and the 1/3 level.
b. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part must maintain a record of any
observed or otherwise known extinguishment or improper functioning of
a structure light and include the following information for each such
event: (a) The nature of such extinguishment or improper functioning.
(b) The date and time the extinguishment or improper operation was
observed or otherwise noted. (c) Date and time of FAA notification,
if applicable. (d) The date, time and nature of adjustments, repairs,
or replacements made." At the time of the inspection, Clear Channel
did not have a record of the extinguished side intermediate lights.
c. 47 C.F.R. S 17.48(b): "An extinguishment or improper functioning of a
steady burning side intermediate light or lights, shall be corrected
as soon as possible, but notification to the FAA of such
extinguishment or improper functioning is not required." At the time
of the inspection, the engineer for the station that operates on
antenna structure number 1025281 reported to the agent that one of
the side lights had been out for one week prior to the inspection and
the other light had been out for a few days prior to the inspection.
The engineer also reported that when he contacted Clear Channel about
the light outage, Clear Channel stated that its policy was to not
immediately replace extinguished side intermediate lights but wait
until other tower work was necessary.
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, Clear Channel 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 specifically explain
Clear Channel's policy for repairing light outages on its antenna
structures. 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 Clear Channel
to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Clear Channel with personal knowledge of the
representations provided in Clear Channel'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
Philadelphia Office
One Oxford Valley Building Office, Suite 404
2300 E. Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Clear Channel Broadcasting, 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
David C. Dombrowski
District Director
Philadelphia District Office
Northeastern 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