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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Pentecostal Temple Development Corporation ) File Nos.:
   EB-FIELDNER-16-00020416

   Licensee of AM Station WGBN ) EB-FIELDNER-16-00020418

   Owner of Antenna Structure Nos. 1026648, )

   1026650, and 1026028 )

   ) NOV No.: V201632400001

   McKeesport, Pennsylvania )

   )

                              NOTICE OF VIOLATION

   Released: February 9, 2016

   By the District Director, Philadelphia 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 Pentecostal Temple Development
       Corporation (Pentecostal), licensee of AM Station WGBN serving
       McKeesport, Pennsylvania and owner of antenna structure nos. 1026648,
       1026650, and 1026028 (Antenna Structures).^ 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 November 4, 2015, an agent of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure no. 1026028 and on January 5, 2016
       the agent inspected antenna structure nos. 1026648 and 1026650. During
       the inspections, the agent observed the following violations:

     a. 47 CFR S 17.51 (a): "All red obstruction lighting shall be exhibited
        from sunset to sunrise unless otherwise specified." Antenna structure
        no. 1026028 must have marking and lighting that conforms to FCC
        Paragraphs 1, 3, 11, 21. These paragraphs specify that the antenna
        structure be painted and have a red obstruction lighting system that
        includes a top-level beacon and at least two mid-level steady burning
        lamps at mid-level. During an inspection on November 4, 2015 at the
        WGBN daytime site, the agent observed that all of the obstruction
        lighting at the mid-level of antenna structure no. 1026028 was
        extinguished. Antenna structures  nos. 1026648 and 1026650 must be
        painted and lit in accordance with FCC Paragraphs 1, 3, 12, and 21.
        These paragraphs specify that the antenna structures be painted and
        have a red obstruction lighting system that includes a top-level
        beacon and at least two steady burning lamps at the 1/3 and 2/3
        levels. During the inspection on January 6, 2016 at the WBGN
        nighttime site, the agent observed that the top-level beacon on
        antenna structure no. 1026648 was extinguished. The agent also
        observed that one of the two steady burning lamps at the 2/3 level on
        antenna structure no. 1026650 was extinguished.

     b. 47 CFR S 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility."  During the January 5, 2016 inspection at the WGBN
        nighttime site, the agent observed that the paint on antenna
        structure nos. 1026648 and 1026650 was so severely faded and chipped
        that it no longer provided good visibility.

     c. 47 CFR S 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
        to the FAA, by means acceptable to the FAA, 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.
        If the lights cannot be repaired within the FAA's Notices to Airmen
        (NOTAM) period, the owner shall notify the FAA to extend the outage
        date and report a return-to-service date.  The owner shall repeat
        this process until the lights are repaired.  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.  Further
        notification to the FAA by means acceptable to the FAA shall be given
        immediately upon resumption of normal operation of the light or
        lights."  On January 4, 2016, Pentecostal failed to extend the outage
        date for NOTAM 12/027.^

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ 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,
       Pentecostal 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 Rules, we direct Pentecostal to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Pentecostal with personal knowledge of the representations provided in
       Pentecostal'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 Pentecostal'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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to Pentecostal Temple Development
       Corporation 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

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 CFR S 1.89.

   ^ AM Station WGBN's daytime transmission facility is located 7.8 miles
   from its nighttime transmission facility. Antenna structures nos. 1026648
   and 1026650 are part of a four-tower directional antenna array for the
   station's nighttime transmission facilities and are located off West
   Calhone Street in Lincoln Borough, Pennsylvania. Antenna structure no.
   1026028 is part of the non-directional antenna system for the station's
   daytime transmission facility and is located off Broadview Drive in
   Pittsburgh, Pennsylvania.

   ^ 47 CFR S 1.89(a).

   ^ According to FAA records, a representative of WGBN notified the FAA on
   December 3, 2015 about the outage on antenna structure no. 1026648. In
   response, the FAA issued NOTAM #12/027 which was valid for only 30 days
   and automatically expired on January 4, 2016. On January 5, 2016, the
   agent inspected antenna structure no. 1026648 and found that the top-level
   beacon was still extinguished. The agent reported the outage and the FAA
   issued NOTAM # 01/035 which is valid until February 6, 2016. Pentecostal
   must contact the FAA to extend NOTAM 01/035 if the outage is not repaired
   by February 6, 2016.

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

   ^ 47 U.S.C. S 403.

   ^ 47 CFR 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 CFR S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 CFR S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).