Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   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

    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

     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

    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.


   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


                       Federal Communications Commission