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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
Bureau:
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
extinguished.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission