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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Force Broadcasting, LLC ) File No.: EB-FIELDWR-14-00013373
)
Registrant of Antenna Structure No. 1250431 ) NOV No.: V201432900013
)
)
Bakersfield, California )
NOTICE OF VIOLATION
Released: February 21, 2014
By the District Director, Los Angeles 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 Force Broadcasting, LLC (Force
Broadcasting), owner of antenna structure number 1250431 in
Bakersfield, 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 violation noted herein.^
2. On January 14, 2014 and January 15, 2014, an agent of the Enforcement
Bureau's Los Angeles Office inspected antenna structure number 1250431
located in Bakersfield, California and observed the following
violations:
a. 47 C.F.R. S 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. Such reports shall set forth the condition of the light or
lights, the circumstances which caused the failure, the probable date
for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report." On January 14 and January 15, 2014, the agent observed that
all nighttime obstruction lights (including flashing lights) on the
tower were extinguished. The agent's research indicated a Notice to
Airmen (NOTAM) had not been reported by the tower owner.
b. 47 C.F.R. S 17.51 (a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." During
the night time observations, the agent observed no flashing red
obstruction lighting of the tower.
c. 47 C.F.R. S 17.47 (a) (2): "The owner of any antenna structure which
is registered with the Commission and has been assigned lighting
specifications referenced in this part ... (a)(2) shall provide and
properly maintain an automatic alarm system designed to detect any
failure of such lights and to provide indication of such failure to
the owner." On January 24, 2014, during the conversation with the
agent, the tower owner representative stated that he was not aware of
the light outage occurred on both January 14 and January 15, 2014.
The automatic alarm system failed to inform the tower owner of the
lighting extinguishment.
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.
Additionally, we request the following information be provided: (1)
how were lights on antenna structure 1250431 monitored pursuant to
Section 17.47 of the Rules for the period from July 1, 2013 to January
27, 2014; (2) the last date when all lighting on antenna structure
1250431 was known to be operational prior to January 27, 2014, and how
that determination was made, including providing records of observed
or automatic monitoring failure of extinguishment or improper
functioning of structure lights pursuant to the Section 17.49 of the
Rules, and (3) the current status of the lights on antenna structure
1250431 and if not yet fully restored, provide a timeframe as to when
the repairs are expected to be completed.
4. Therefore, Force Broadcasting 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.^
5. In accordance with Section 1.16 of the Rules, we direct Force
Broadcasting to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Force Broadcasting with personal knowledge of
the representations provided in Force Broadcasting'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 regulatee'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.^
6. 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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
7. This Notice shall be sent to Force Broadcasting at its address of
record.
8. 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
Charles A. Cooper
District Director
Los Angeles Office
Western 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
2
Federal Communications Commission