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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   North Chapel Investments, LLC ) File No.: EB-FIELDSCR-12-AT-0000732

   Owner of Antenna Structure ) Citation No.: C201232480001

   Numbers 1055590, 1055591, 1055593, )

   and 1055594 )

   Franklin, TN  )

                               CITATION AND ORDER

   Adopted: April 30, 2012 Released: April 30, 2012

   By the District Director,  Atlanta Office, South Central Region,
   Enforcement Bureau:

   I.  INTRODUCTION

    1. This is an Official Citation and Order (Citation) issued pursuant to
       Section 503(b)(5) of the Communications Act of 1934, as amended (Act),
       to North Chapel Investments, LLC (North Chapel), owner of antenna
       structure numbers 1055590, 1055591, 1055593, and 1055594 (collectively
       the Antenna Structures) located in Franklin, Tennessee, for failing
       to: (1) notify the Commission immediately of a change in antenna
       structure ownership; (2) exhibit required obstruction lighting from
       sunset to sunrise on two antenna structures; (3) notify the Federal
       Aviation Administration (FAA) immediately of the lighting outages; and
       (4) maintain the required paint on the Antenna Structures, in
       violation of Section 303(q) of the Act and Sections 17.57, 17.51,
       17.48, and 17.50 of the Commission's rules (Rules), respectively.

    2. North Chapel should take immediate steps to come into compliance and
       to avoid any recurrence of this misconduct, including maintaining
       current contact information in the Antenna Structure Registration
       (ASR) database, repainting the Antenna Structures, repairing the
       Antenna Structure lighting, and notifying the FAA of the lighting
       outages until they are repaired. As explained below and as provided in
       the Communications Act, future violations of the Rules in this regard
       may subject North Chapel to substantial monetary penalties, seizure of
       equipment, and criminal sanctions.

   II. BACKGROUND

    3. The Antenna Structures are part of a four-tower array formerly used by
       an AM radio station. Although the Antenna Structures are currently
       vacant and were not used for the transmission of radio energy at the
       time of the inspection, North Chapel is required to maintain the
       painting and lighting requirements assigned to the Antenna Structures
       until the structures are dismantled. Antenna structure numbers 1055591
       (Tower 2) and 1055594 (Tower 4) are 91 meters above ground and are
       required to be painted and lighted. Antenna structure numbers 1055590
       (Tower 1) and 1055593 (Tower 3) are only required to be painted.
       According to local property records, North Chapel acquired the Antenna
       Structures in October 2009.

    4. On February 9 and 10, 2012, an agent from the Enforcement Bureau's
       Atlanta Office (Atlanta Office) observed that the lights on Towers 2
       and 4 were not lit after sunset and the paint on all of the Antenna
       Structures was severely faded, such that the structures did not have
       good visibility. On February 10, 2012, an agent from the Atlanta
       Office contacted the FAA and determined that no Notices to Airmen
       (NOTAMs) for the Antenna Structures had been issued. As of April 27,
       2012, according to the ASR database, another entity is the registered
       owner of the Antenna Structures.

   III. APPLICABLE LAWS AND VIOLATIONS

    5. 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 requires all red
       obstruction lighting to be exhibited from sunset to sunrise unless
       otherwise specified. Section 17.47 of the Rules requires antenna
       structure owners to observe antenna structure lights visually at least
       once every 24 hours to insure that all such lights are functioning as
       required. Section 17.48 of the Rules requires antenna structure owners
       to notify the FAA immediately of any known extinguishment of any top
       steady burning light or any flashing obstruction light, regardless of
       its position, not corrected within 30 minutes. Section 17.50 of the
       Rules states that "[a]ntenna structures requiring painting under this
       part shall be cleaned or repainted as often as necessary to maintain
       good visibility." Section 17.57 of the Rules states that the "owner of
       an antenna structure must also immediately notify the Commission using
       FCC Form 854 upon any change in ...structure ownership information."

    6. On February 9 and 10, 2012, an agent from the Atlanta Office observed
       that the lights on Towers 2 and 4 were not lighted after sunset and
       determined that North Chapel had not notified the FAA of the outages.
       On February 9 and 10, 2012, the agent also observed that the paint on
       all of the Antenna Structures was severely faded such that the
       structures no longer had good visibility. Although North Chapel
       acquired the Antenna Structures in 2009, as of April 27, 2012, the ASR
       database listed another entity as the Antenna Structures' owner.
       Accordingly, we find that North Chapel has violated Section 303(q) of
       the Act and Sections 17.48, 17.50, 17.51(a), and 17.57 of the Rules by
       failing to: (1) exhibit required obstruction lighting on Towers 2 and
       4 after sunset; (2) notify the FAA of a lighting outage; (3) maintain
       the required paint on all of the Antenna Structures; and (4) update
       the ownership information for the Antenna Structures in the ASR
       database. We therefore issue this Citation to North Chapel for
       violating the Rules and the Communications Act as discussed above.
       North Chapel should take immediate steps to ensure that it does not
       continue to violate these rules.

   IV. FUTURE COMPLIANCE

    7. If, after receipt of this Citation, North Chapel violates the
       Communications Act or the Rules by engaging in conduct of the type
       described herein, the Commission may impose monetary forfeitures of up
       to $16,000 for each such violation or each day of a continuing
       violation and up to $112,500 for any single act or failure to act.
       Violations of the Communications Act or the Rules also can result in
       seizure of equipment through in rem forfeiture actions, as well as
       criminal sanctions, including imprisonment.

    8. In addition to providing the required information described in
       paragraph 12 below, North Chapel may respond to this Citation within
       30 (thirty) calendar days after the release date of this Citation
       either through (1) a personal interview at the closest FCC office, or
       (2) a written statement. Any written statements should specify the
       actions taken by North Chapel to ensure that it does not violate the
       Commission's rules governing antenna structure painting and lighting.
       Please reference file number EB-FIELDSCR-12-AT-0000732 when
       corresponding with the Commission.

    9. Under the Privacy Act of 1974, any statement or information provided
       by you may be used by the Commission to determine if further
       enforcement action is required. Any knowingly or willfully false
       statement, or concealment of any material fact, made in reply to this
       Citation is punishable by fine or imprisonment. Please also note that
       Section 1.17 of the Rules requires that you provide truthful and
       accurate statements to the Commission.

   V. CONTACT INFORMATION

   10. The closest FCC Office is the Atlanta Office in Atlanta, Georgia.
       North Chapel may contact Douglas Miller by telephone, (770) 935-3370,
       to schedule a personal interview, which must take place within thirty
       (30) calendar days after the release date of this Citation. You should
       send any written statement within thirty (30) calendar days after the
       release date of this Citation to:

   Douglas Miller

   Federal Communications Commission

   Enforcement Bureau

   Atlanta Office

   3575 Koger Blvd. Suite 320

   Duluth, GA 30096.

   11. Reasonable accommodations for people with disabilities are available
       upon request. Include a description of the accommodation you will need
       including as much detail as you can. Also include a way we can contact
       you if we need more information. Please allow at least five (5)
       calendar days advance notice; last minute requests will be accepted,
       but may be impossible to fill. Send an e-mail to fcc504@fcc.gov or
       call the Consumer & Governmental Affairs Bureau:

   For sign language interpreters, CART, and other reasonable accommodations:

   202-418-0530 (voice), 202-418-0432 (tty);

   For accessible format materials (braille, large print, electronic files,
   and audio format): 202-418-0531 (voice), 202-418-7365 (tty).

   VI. REPORTING REQUIREMENT

   12. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act and
       Section 1.16 of the Rules, we also direct North Chapel to submit
       within thirty (30) calendar days after the release date of this
       Citation a statement signed under penalty of perjury stating that it
       has updated the ownership information in the ASR database for the
       Antenna Structures, repainted all of the Antenna Structures and
       repaired any lighting outages on the Antenna Structures. If the
       Antenna Structure lighting has not been repaired and/or the Antenna
       Structures have not been repainted, North Chapel shall describe the
       steps it has taken to come into compliance and provide a timeframe for
       when all work will be completed. Moreover, if the Antenna Structure
       lighting has not been repaired, North Chapel shall certify that it has
       notified the FAA of any lighting outages and provide any NOTAM
       numbers. In addition, North Chapel shall certify that it has reviewed
       the Commission's antenna structure rules contained in Part 17 of the
       Rules and that it is in compliance with these rules, including
       monitoring the antenna structure lighting as required in Section 17.47
       of the Rules.

   VII. ORDERING CLAUSES

   13. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the
       Communications Act and Section 1.16 of the Commission's rules, North
       Chapel Investments, LLC must provide the information requested in
       paragraph 12 to this Citation and Order. This response must be
       provided to the Federal Communications Commission, Enforcement Bureau,
       South Central Region, Atlanta Office, 3575 Koger Blvd, Suite 320,
       Duluth, GA 30096 and must be received by the FCC within thirty (30)
       calendar days after the release date of this Citation and Order.

   14. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be
       sent both by First Class U.S. Mail and Certified Mail, Return Receipt
       Requested to North Chapel Investments, LLC at P.O. Box 420652,
       Atlanta, GA 30342.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas G. Miller

   District Director

   Atlanta Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 503(b)(5). Section 503(b)(5) of the Act provides that a
   Citation is not required in the case of violations of Section 303(q) of
   the Act, 47 U.S.C. S: 303(q), if the person/entity involved is a
   nonlicensee tower owner who has previously received notice of the
   obligations imposed by Section 303(q) from the Commission or the permittee
   or licensee who uses that tower. In this case, however, we are providing a
   Citation to North Chapel Investments, LLC or its representative, because
   such notice may not have been previously provided.

   47 U.S.C. S: 303(q); 47 C.F.R.  S:S: 17.48, 17.50, 17.51, 17.57. Although
   the Antenna Structures were no longer being used for the transmission of
   radio energy at the time of the inspection, North Chapel is required to
   maintain the painting and lighting requirements assigned to the Antenna
   Structures until the structures are dismantled. See 47 U.S.C. S: 303(q).

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

   See 47 C.F.R. S: 17.21 (requiring all antenna structures more than 60.96
   meters in height above ground to be painted and lighted). See also Antenna
   Structure Registration database for antenna structure number 1055591 and
   antenna structure registration number 1055594.

   See Antenna Structure Registration database for antenna structure number
   1055590 and antenna structure number 1055593.

   See Williamson County Tennessee Property Assessor Database.

   On February 10, 2012, an agent from the Atlanta Office informed the FAA of
   the lighting outages on Towers 2 and 4, and NOTAMs for those structures
   were issued on February 10, 2012.

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

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

   47 C.F.R. S: 17.47.

   47 C.F.R. S: 17.48.

   47 C.F.R. S: 17.50.

   47 C.F.R. S: 17.57.

   See 47 U.S.C. S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
   subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
   the forfeiture amount applicable to any violation will be determined based
   on the statutory amount designated at the time of the violation.

   See 47 U.S.C. S: 510.

   See 47 U.S.C. S:S: 401, 501.

   See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).

   See 18 U.S.C. S: 1001 et seq.

   47 C.F.R. S: 1.17 ("... no person subject to this rule shall: (1) In any
   written or oral statement of fact, intentionally provide material factual
   information that is incorrect or intentionally omit material information
   that is necessary to prevent any material factual statement that is made
   from being incorrect or misleading; and (2) In any written statement of
   fact, provide material factual information that is incorrect or omit
   material information that is necessary to prevent any material factual
   statement that is made from being incorrect or misleading without a
   reasonable basis for believing that any such material factual statement is
   correct and not misleading.").

   47 U.S.C. S:S: 4(i), 4(j), 403; 47 C.F.R. S: 1.16.

   See 47 C.F.R. S: 17.1 et. seq.

   47 U.S.C. S:S: 4(i), 4(j), 403; 47 C.F.R. S: 1.16.

   Federal Communications Commission DA 12-679

   2

   Federal Communications Commission DA 12-679