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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

    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.


   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


                       Federal Communications Commission