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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Sun Media, Inc. ) File No.: EB-FIELDNER-14-00015934

   Owner of Antenna Structure No. 1215955 )

   ) NOV No.: V201432320010

   Metropolis, Illinois )

                              NOTICE OF VIOLATION

                                                     Released: June  23, 2014

   By the District Director, Chicago Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Sun Media, Inc., registrant of
       antenna structure number 1215955 in Brookport, Illinois. 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.^

    2. On April 28 and 29, 2014, an agent of the Enforcement Bureau's Chicago
       Office inspected antenna structure number 1215955 Brookport, Illinois,
       and observed the following violations:

     a. 47 C.F.R S 17.23(a): "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 FCC's Antenna Structure Registration (ASR) database
        currently indicates that antenna structure number 1215955 requires
        red obstruction lighting during the nighttime in accordance with FCC
        paragraphs 3, 4, 13, 21. At the time of inspection, the top-level
        flashing obstruction beacon on the antenna structure was steady
        burning instead of flashing and the mid-level beacon was

     b. 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." At the time of the inspection, the Chief Operator indicated
        he has been aware for some time that the top-level beacon was steady
        instead of flashing, as required, and that the mid-level beacon was
        extinguished. However, he failed to notify the Federal Aviation
        Administration within 30 minutes of observing the improper
        functioning and extinguished beacons.

    3. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken. Therefore, Sun Media, Inc. 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.^

    4. In accordance with Section 1.16 of the Commission's rules, we direct
       to support his response to this Sun Media, Inc. Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       Sun Media, Inc., 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.^

    5. 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

   Chicago Office

   1550 North Northwest Highway, Room 306

   Park Ridge, IL 60068

    6. This Notice shall be sent to Sun Media, Inc. at its address of record.

    7. 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.


   G. Michael Moffitt

   Regional Director

   Northeast Region

   Enforcement Bureau

   ^47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^Section 1.16 of the Commission's 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