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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Hi-Favor Broadcasting, LLC	)	File No. EB-FIELDWR-14-00013805
Owner of Antenna Structure No. 1038771	)
	)	  NOV No. V201432940020
Santee, California	)
	)

NOTICE OF VIOLATION
	
	 Released:  February 27, 2014

By the District Director, San Diego 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 Hi-Favor Broadcasting, LLC (Hi-Favor), owner of Antenna Structure #1038771 in Santee, 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.

* On December 23, 2013, January 6 and 26, 2014, an agent of the Enforcement Bureau's San Diego Office inspected Antenna Structure #1038771 located in Santee, California, and observed the following violations:

  + 47 C.F.R. § 17.23:  "Unless otherwise specified by the Commission, each new or altered antenna structure to be registered on or after January 1, 1996, must conform to the FAA's painting and lighting recommendations set forth on the structure's FAA determination of "no hazard," as referenced in the . . . FAA Advisory Circulars . . . ."  Antenna Structure #1038771 is required to have red obstruction lights to increase conspicuity during nighttime.  At the time of the inspections, the agent observed that the antenna structure exhibited no red obstruction lighting at nighttime.

  + 47 C.F.R. § 17.48:  "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) 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."  On January 7, 2014, the agent called the Federal Aviation Administration (FAA) and reported the tower light outage.  A current NOTAM was not in effect.  The tower owner, Hi-Favor, had failed to notify the FAA of the tower light outage.

  + 47 C.F.R. § 17.47(a):  "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or alternatively, (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."  During an interview with agents from this office on January 27, 2014, representatives of Hi-Favor acknowledged that Hi-Favor did not make observations of the antenna structure's lights at least once every 24 hours and that the company did not have any automatic alarm system designed to detect the failure of those lights.

  + 47 C.F.R. § 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 FCC's antenna structure registration database currently lists the registrant of Antenna Structure #1038771 as Citicasters, Inc., who was a previous owner of the tower. 

* 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, Hi-Favor, 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 Hi-Favor to support  its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Hi-Favor with personal knowledge of the representations provided in Hi-Favor'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.  

* 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

* This Notice shall be sent to Hi-Favor Broadcasting, 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




James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau