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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Major Market Stations, Inc. ) File No. EB-FIELDWR-130011746
Antenna Structure Owner ) NOV No. V201432940004
Corona, California )
NOTICE OF VIOLATION
Released: November 21, 2013
By the District Director, San Diego 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 Major Market Stations, Inc.
(Major Market) owner of antenna structure identified as "Tower 3,"^
which is one tower of a five tower antenna array for AM radio station
KWRM, in Corona, California. 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 July 30, 2013, and November 13, 2013, an agent of the Enforcement
Bureau's San Diego Office inspected the above Tower 3 located in
Corona, California, behind the main studio of Major Market's AM radio
station KWRM and observed the following violations:
a. 47 C.F.R. S 17.7: "A notification to the Federal Aviation
Administration is required, except as set forth in S 17.14, for any
of the following construction or alteration: (a) Any construction or
alteration of more than 60.96 meters (200 feet) height above ground
level at its site." A notification to the FAA could not be found
after a search of the FAA's database. Also, Major Market's letter
dated September 30, 2013, stated that the physical height of Tower 3
is 62.80 meters in height, requiring notification to the FAA, and
that the station does not have any record of notification of the FAA
regarding this tower.
b. 47 C.F.R. S 17.4(a):" Effective July 1, 1996, the owner of any
proposed or existing antenna structure that requires notice of
proposed construction to the FAA must register the structure with the
Commission. This includes those structures used as part of stations
licensed by the Commission for the transmission of radio energy ...
." At the time of inspection, Tower 3 was not registered.
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 violation and any remedial actions taken.
Therefore, Major Market must submit a written statement concerning
this matter within twenty (20) days of release of this Notice. The
response (i) must fully explain the violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct the violations 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 Rules, we direct Major Market
support the response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by a licensee
representative with personal knowledge of the representations provided
in the 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 registrant'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
San Diego Office
4542 Ruffner St., # 370
San Diego, CA 92111
6. This Notice shall be sent Major Market Stations, Inc., at the 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
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ The San Diego Office issued a Letter of Inquiry (LOI) to Major Market
Stations, Inc., on August 22, 2013, asking the current height of each of
the five towers and if the towers were greater than 60.96 meters had the
FAA been notified. The San Diego office received a reply from Major Market
dated September 30, 2013, that each of the five towers was greater than
60.96 meters and that Major Market did not have a record of the FAA being
notified about the towers, and that Major Market would proceed to notify
the FAA and register the towers with the FCC. The reply designated the
towers in the antenna array as "Tower 1", "Tower 2", "Tower 3", "Tower 4",
and "Tower 5". This Notice adopts those designations.
^ 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