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

In the Matter of	)
	)
Clear Channel Broadcasting, Inc. 	)                    File No.:  EB-FIELDWR-13-00012902 Owner of Antenna Structure No. 1025367	)
	)	          NOV No.:  V201432800033
Pueblo, CO	)



NOTICE OF VIOLATION

	     Released:  April 24, 2014

By the District Director, Denver 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 Clear Channel Broadcasting, Inc. (CCBI), registrant of antenna structure # 1025367 by Pueblo, CO.  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 13 and again on 20, 2013, an agent of the Enforcement Bureau's Denver Office inspected antenna structure # 1025367 located by coordinates 38° 21' 27.7" north latitude and 104° 38' 19.7" west longitude, and observed the following violations:

  + 47 C.F.R. § 17.4(g):  "...the Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure."  The agent observed that the antenna structure registration number was not displayed.
 
  + 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'. . . ."  The FAA recommended that antenna structure # 1025367 be painted and lit in accordance with Chapters 3, 4, 5, and 12 of FAA Circular 70/7460-1K.  Chapter 5 specifies four levels of red lights for structures between 108 and 213 meters in height.  Antenna structure # 1025367 is 129.6 meters tall, requiring four levels of red lights.  The agent observed that there were only three levels of lights installed on antenna structure # 1025367.

* 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, CCBI 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 CCBI to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of CCBI with personal knowledge of the representations provided in CCBI'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
Denver Office
P.O. Box 25446
One Denver Federal Center  -  Building 1A
Lakewood, CO  80225

* This Notice shall be sent to Clear Channel Broadcasting, Inc., 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




Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau