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

In the Matter of	)
New Day Broadband, LLC	)
	)	File No.: EB-FIELDWR-13-00012802 Owner of Antenna
	Structure No. 1049717 )       NOV No.: V201432940054
Clayton, New Mexico	)


	Released: September 17, 2014

By the District Director, San Diego Office, Western Region, Enforcement

* This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to New Day Broadband, LLC (New
Day), owner of Antenna Structure No. 1049717 in Clayton, New Mexico.
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(s) noted herein.
* The Enforcement Bureau's San Diego Office received a complaint from the
Union County Sheriff's Department in Clayton, New Mexico, concerning a
tower with observed extinguishment of its obstruction lights.  On January
13, 2014, an agent of the San Diego Office inspected Antenna Structure
No. 1049717 located at 300 West Spruce, Clayton, New Mexico, and observed
the following violations:

  + 47 C.F.R. § 17.51(a):  "All red obstruction lighting shall
  be exhibited from sunset to sunrise unless otherwise specified."
  Antenna Structure No. 1049717 is 121.9 meters in height above ground
  level and is required to comply with FCC Paragraphs 1, 3, 13, and 21,
  specifically, the Antenna Structure must have red obstruction lighting
  from sunset to sunrise, with a flashing red beacon at the top of the
  tower and steady burning red lights at two-thirds and one-third of the
  structure's height.	At the time of the inspection, the agent observed
  only a steady burning red light at the top of the Antenna Structure.
  No other lights were observed.
  + 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. 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 the agent reported
  the antenna tower light outage to the FAA and initiated the issuance
  of a Notice to Airmen (NOTAM), the FAA advised that there had been no
  other current light outage reports and/or NOTAM issued for the subject
  antenna structure.
  + 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 provide indication
  of such failure to the owner."  The inspection by the San Diego agent
  revealed that the required monitoring had not taken place.
  + 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."
  At the time of the inspection, and as of the date of this Notice,
  New Day has failed to update the Antenna Structure's registration to
  indicate that New Day is the owner of the Antenna Structure.

* 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, New Day 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 New Day to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of New
Day with personal knowledge of the representations provided in New Day'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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111

* This Notice shall be sent to New Day Broadband, 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.


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