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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                                
                                                                          
                                         )                                
     In the Matter of                                                     
                                         )                                
     CBS Communications Services, Inc.       File No.: EB-10-LA-0110      
                                         )                                
     Antenna Structure Registrant            NAL/Acct. No.: 201132900004  
                                         )                                
     Torrance, California                    FRN: 0003183183              
                                         )                                
     ASR No. 1014523                                                      
                                         )                                
                                                                          
                                         )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: April 25, 2011 Released: April 27, 2011

   By the District Director, Los Angeles Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that CBS Communications Services, Inc. ("CBS"), registrant of antenna
       structure #1014523 in Torrance, California, apparently repeatedly
       violated section 303(q) of the Communications Act of 1934, as amended
       ("Act"), and section 17.51(a) of the Commission's rules ("Rules") by
       failing to exhibit the structure's red obstruction lighting from
       sunset to sunrise. We conclude that CBS is apparently liable for a
       forfeiture in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. The antenna structure registration ("ASR") for antenna structure
       #1014523 requires the structure to have obstruction marking and
       lighting. Specifically, the structure is required to be painted and to
       have, at its top, a flashing red obstruction beacon, along with steady
       burning red side obstruction lights at approximately two-thirds and
       one-third of the over-all height of the tower.

    3. On May 13, 2010, an employee of the Enforcement Bureau's Los Angeles
       Office ("Los Angeles") observed that the top beacon of a tower,
       located next to the intersection of W 190th Street and Prairie Avenue
       in Torrance, CA, was unlit at approximately 11:20 p.m.

    4. On May 14, 2010, an agent from the Los Angeles Office performed a
       search of the FCC database for the antenna structure and found an ASR
       record of #1014523 registered to CBS Communications Services, Inc. The
       agent also contacted the Federal Aviation Administration ("FAA")
       Flight Service Station ("FSS") to determine if the tower light outage
       had been reported. When informed by the FAA that no prior light outage
       report had been made for antenna structure #1014523, the agent
       requested that the FSS issue a notice to airmen ("NOTAM") for tower
       #1014523. Subsequently, a few hours later, the agent confirmed that
       the NOTAM had been issued. Later that day, the Los Angeles agent was
       on scene at the intersection of W 190th Street and Prairie Avenue in
       Torrance, CA, and inspected antenna structure #1014523 between 7:20
       p.m. and 8:30 p.m. The agent again confirmed that the top beacon of
       the tower was not lit after sunset.

    5. On May 18, 2010, at approximately 11:00 a.m., the Los Angeles agent
       visited the main studio of CBS radio station KNX(AM) in Los Angeles,
       California, to obtain tower inspection logs concerning the light
       outage on antenna structure #1014523. The CBS tower logs showed that a
       NOTAM was filed on May 18, 2010, five days after the date when the
       tower was initially observed as unlit by an FCC agent.

    6. On May 20, 2010, an engineer from CBS called the Los Angeles agent and
       advised that the tower light on antenna structure #1014523 had been
       repaired and was operational. The engineer also acknowledged that the
       person who monitored for light outages apparently did not notice every
       outage evident in the system.

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    8. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.51(a) of the Rules states that all red
       obstruction lighting shall be exhibited from sunset to sunrise unless
       otherwise specified. The ASR for antenna structure #1014523 requires
       that the structure be painted and have, at its top, a flashing red
       beacon, along with steady burning red side obstruction lights at
       approximately two-thirds and one-third of the overall height of the
       tower.

    9. As discussed above, on May 13, 2010, May 14, 2010, and May 18, 2010,
       the top beacon of antenna structure #1014523 located in Torrance, CA,
       was unlit. The FCC's inspection also revealed that the station logs of
       CBS did not accurately reflect the light outage over the prior four
       days. On May 20, 2010, CBS advised that the antenna structure light
       had been repaired and acknowledged that they did not notice the
       warning alert of the light outage before May 18, 2010. Based on the
       evidence before us, we find that CBS apparently repeatedly violated
       section 303(q) of the Act, and section 17.51(a) of the Rules, by
       failing to maintain the required red obstruction lighting on antenna
       structure #1014523.

   10. Pursuant to the Commission's Forfeiture Policy and section 1.80 of the
       Rules, the base forfeiture for failing to comply with the prescribed
       lighting and/or marking for an antenna structure is $10,000. In
       assessing the monetary forfeiture amount, we must also take into
       account the statutory factors set forth in section 503(b)(2)(E) of the
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and other
       such matters as justice may require. CBS's failure to maintain
       required lighting on the antenna structure and comply with the FCC's
       tower rules created a potential hazard to air navigation. Applying the
       Forfeiture Policy Statement, section 1.80, and the statutory factors
       to the instant case, we conclude that CBS is apparently liable for a
       $10,000 forfeiture. We also direct CBS to submit a written statement
       signed under penalty of perjury by an officer or director of the
       company stating that antenna structure #1014523 is now in compliance
       with Section 17.51(a) of the Commission's Rules. This statement must
       be provided to the Enforcement Bureau at the address listed in
       paragraph 15 within fifteen days of the release date of this Notice of
       Apparent Liability for Forfeiture.

   I. ORDERING CLAUSES

   11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0314 and 1.80 of the Rules, CBS Communications Services, Inc.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violations of section
       303(q) of the Act, and section 17.51(a) of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, CBS Communications Services, Inc., SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   13. IT IS FURTHER ORDERED that CBS Communications Services, Inc. SHALL
       SUBMIT a sworn statement as described in paragraph 10 to the
       Enforcement Bureau Office listed in paragraph 15 within fifteen (15)
       days of the release date of this Notice of Apparent Liability for
       Forfeiture.

   14. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Account Number and FRN
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.    Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.  CBS Communications
       Services, Inc. shall also send electronic notification on the date
       said payment is made to WR-Response@fcc.gov.

   15. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. The written statement  must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Western Region, Los Angeles Office, 18000 Studebaker Rd., #660,
       Cerritos, CA 90703 and must include the NAL/Acct. No. referenced in
       the caption. An electronic copy shall also be sent to
       WR-Response@fcc.gov.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to CBS Communications Services, Inc.,
       2175 K Street, NW, Washington, D.C. 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   See FCC Forms 715/715A, paragraphs 1, 3, 12 and 21. Antenna structure
   #1014523 is an antenna tower of 114.4 meters (approximately 375 feet) in
   height above ground.

   Id.

   According to the National Oceanic and Atmospheric Administration, the
   local sunset on May 13, 2010, in the Los Angeles, California, area
   occurred at 7:46 p.m. See
   http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html, visited October
   27, 2010.

   According to the National Oceanic and Atmospheric Administration, the
   local sunset on May 14, 2010, in the Los Angeles, California, occurred at
   7:47 p.m. See http://www.srrb.noaa.gov/highlights/sunrise/sunrise.html,
   visited October 27, 2010.

   CBS Radio East, Inc., is the licensee of Station KNX(AM). Antenna
   structure #1014523 is used to broadcast KNX(AM).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See, e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
   FCC Rcd 3454 (1992).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   FCC Forms 715/715A, paragraphs 1, 3, 12, and 21.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   17 47 U.S.C. S: 503(b)(2)(E).

   18 47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311,
   0314, 1.80, 17.51(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-734

                                       2

   Federal Communications Commission DA 11-734