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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
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Federal Communications Commission DA 11-734