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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Media Broadcasting Co Inc. ) File No. EB-FIELDNER-15-00019978
Antenna Structure Registrant )
ASR #1004502 ) NOV No. V20153260005
)
Fall River, Massachusetts )
NOTICE OF VIOLATION
Released: October 26, 2015
By the District Director, Boston 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 Media Broadcasting Co Inc.
(MBC), registrant of antenna structure 1004502 in Fall River,
Massachusetts. 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 noted herein.^
2. On September 24, 2015, an agent of the Enforcement Bureau's Boston
Office inspected antenna structure 1004502 located behind the
business building at 1658 President Ave in Fall River, Massachusetts,
and observed the following violation:
47 C.F.R. S 17.21 (a) "Antenna structures shall be painted and lighted
when they exceed 60.96 meters (200 feet) in height above the ground or
they require special aeronautical study." At the time of inspection, on
the night of September 24, 2015, agent observed no top red flashing beacon
on the antenna structure number 1004502.
The agent contacted MBC on September 25, 2015 and informed of the red
beacon out observed on September 24, at approximately 8 PM. On September
30, after notifying MBC, the agent checked again and found that MBC did
not file NOTAM.
3. 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 violation and any remedial actions taken.
Therefore, MBC must submit a written statement concerning this matter
within twenty (20) days of release of this Notice. The response (i)
must fully explain the violation, including all relevant surrounding
facts and circumstances, (ii) must contain a statement of the specific
action(s) taken to correct the 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 Rules, we direct MBC to support
its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer of MBC
with personal knowledge of the representations provided in MBC'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.^
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
Boston Office
1 Batterymarch Park
Quincy, Massachusetts 02169
6. This Notice shall be sent to Media Broadcasting Co 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
Dennis Loria
District Director
Boston Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S403.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the 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
2
Federal Communications Commission