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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Celebrate Life Media, LLC ) File No. EB-FIELDWR-14-00013464
Antenna Structure Owner )
ASR #1218045 ) NOV No. V2014329200016
McMinnville, OR )
NOTICE OF VIOLATION
Released: February 13, 2014
By the Resident Agent, Portland Office, Western Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules), to Celebrate Life Media, LLC, (Celebrate),owner of antenna structure ASR# 1218045 in McMinnville, Oregon. 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 noted herein.
* On February 4, 2014, agents of the Enforcement Bureau's Portland Office inspected antenna structure #1218045 located at 10027 Warmington Road SE, McMinnville, Oregon, and observed the following violation:
a. 47 C.F.R. ยง 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." The agents inspected the antenna structure ASR# 1218045, serving as the main transmitting antenna for radio station KLYC(AM). After interviewing the new owner of the structure, the agents observed that Celebrate Life Media, LLC, failed to notify the Commission the change in ownership information.
* 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, Celebrate, 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.
* In accordance with Section 1.16 of the Rules, we direct Celebrate to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Celebrate with personal knowledge of the representations provided in Celebrate'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.
* 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
Portland Office
P.O. Box 61469
Vancouver, Washington 98666-1469
* This Notice shall be sent to Celebrate Life Media, LLC at its address of record.
* 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
Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau