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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Big Munga Development, LLC Antenna Structure Owner Los
Angeles, California ) ) ) ) ) ) File No.: EB-FIELDWR-13-00011784 Citation
No.: C201432900002
CITATION AND ORDER
Antenna Structure Lighting and Registration
Adopted: December 5, 2013 Released: December 6, 2013
By the District Director, Los Angeles Office, Western 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
(Communications Act or Act),^ to Big Munga Development, LLC (Big Munga
Development), owner of the antenna structure (Antenna Structure)
located at 1206 Maple Avenue in Los Angeles, California. Specifically,
Big Munga Development is being cited for failing to: (1) register with
the Federal Communications Commission (Commission) an antenna
structure that requires notice to the Federal Aviation Administration
(FAA); (2) notify the FAA of an antenna structure that exceeds 200
feet in height above ground level; (3) paint and light an antenna
structure that exceeds 200 feet in height above ground level; and (4)
notify the FAA of any known extinguishment of any top steady burning
light or any flashing obstruction light, regardless of its position,
not corrected within 30 minutes, in violation of Section 303(q) of the
Act,^ and Sections 17.4(a), 17.7(a), 17.21(a), and 17.48 of the
Commission's rules (Rules).^
2. Notice of Duty to Comply With Laws: Big Munga Development should take
immediate steps to come into compliance with the Rules, and to avoid
any recurrence of the misconduct, including registering the Antenna
Structure with the Commission, notifying the FAA of this Antenna
Structure's construction to obtain the required FAA study of necessary
painting and/or lighting for the Antenna Structure to ensure the
structure does not continue to pose a hazard to air navigation,
ensuring prompt proper painting and lighting of this Antenna
Structure, and notifying the FAA of this Antenna Structure being an
air navigation hazard until the tower is properly lit and painted. Big
Munga Development is hereby on notice that if it subsequently engages
in any conduct of the type described in this Citation, including any
violation of Section 303(q) of the Act, or Sections 17.4(a), 17.7(a),
17.21(a), or 17.48 of the Rules, it may be subject to civil and
criminal penalties, including but not limited to substantial monetary
fines (forfeitures). Such forfeitures may be based on both the conduct
that led to this Citation and the conduct following it.^
3. Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct Big Munga Development to
respond in writing, within thirty (30) calendar days after the release
date of this Citation, and signed under penalty of perjury, with
descriptions of the specific action(s) taken to preclude recurrence of
the violations, and also a timeline for completion of any correction
action(s).
II. background
4. On August 22, 2013, an agent of the Enforcement Bureau's Los Angeles
Office (Los Angeles Office) observed a radio antenna mounted atop the
Antenna Structure constructed on top of the office building at 1206
Maple Avenue in downtown Los Angeles, California. Subsequent
inspection from the roof of the building revealed that the antenna
structure plus the building height exceeded 270 feet above ground
level. The agent further observed that the Antenna Structure did not
have painting or obstruction lighting. Finding that the antenna
structure was not registered with the Commission, and that no notice
to airmen (NOTAM) had been issued for the Antenna Structure, the Los
Angeles Office agent asked the FAA to issue a NOTAM for the structure,
and has continued to renew the NOTAM.^ Although the Antenna Structure
is apparently not being presently used for radio transmissions,
Commission records show this structure has been used at one time for
licensed radio operations.^
III. applicable law 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 17.4(a) of the Rules mandates that an
antenna structure that requires notice to the FAA must be registered
with the Commission.^ Section 17.7(a) of the Rules specifies that
notification to the FAA is required for an antenna structure that
exceeds 200 feet in height above ground level.^ Section 17.21(a) of
the Rules requires that an antenna structure that is over 200 feet in
height above ground level must have painting and lighting.^ 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.^
6. The record in this case shows that, on August 22, 2013, a Los Angeles
Office agent observed the Antenna Structure and determined that it
exceeded 200 feet in height above ground level and did not have
appropriate painting and lighting. Subsequent investigation revealed
that no notification to the FAA had apparently occurred and
consequently no air safety study had been conducted or issued for the
Antenna Structure, nor had the structure been registered with the
Commission. In addition, a NOTAM was not on file with the FAA for the
structure. Based on the foregoing evidence, we find that Big Munga
Development violated Section 303(q) of the Act, and Sections 17.4(a),
17.7(a), 17.21(a) and 17.48 of the Rules.^
IV. REQUEST FOR INFORMATION
7. Pursuant to Sections 4(i), 4(j), and 403 of the Act,^ Big Munga
Development is directed to confirm in writing that it has taken the
necessary measures and made the corrections to ensure that it does not
continue to violate the rules discussed above, and provide the
information requested below within thirty (30) calendar days after the
release date of this Citation. A failure to respond in writing, or
the provision of an inadequate, incomplete, or misleading response,
may subject Big Munga Development to additional sanctions.
i. Provide the record of FAA notification and FCC antenna structure
registration.
ii. Provide the plan for installing a lighting system for the Antenna
Structure and for painting the Antenna Structure. Include a time-frame
for such installation and painting.
iii. Provide the plan for requesting an FAA NOTAM on a timely basis (to
ensure air navigation safety) until the tower is lit and painted.
Include a time-frame for such requests.
If it is believed that painting and lighting of the Antenna Structure is
not required, provide a copy of the FAA Determination of No Aeronautical
Hazard with those specifications.
V. RESPONDING TO THIS CITATION
8. In addition to the required written information described in
paragraphs 3 and 7, above, Big Munga Development may, if it so
chooses, respond to this Citation--challenging the factual and legal
findings herein--within thirty (30) calendar days from the release
date of this Citation either through (1) a written statement, (2) a
teleconference interview, or (3) a personal interview at the
Commission Field Office nearest to your place of business.
9. If you would like to arrange a teleconference or personal interview,
please contact Charles A. Cooper at (562) 860-7474. The nearest
Commission Field Office is located in Cerritos, California. Such
teleconference or interview must take place within thirty (30)
calendar days of the date of this Citation. If you would like to
submit a written response, including any supporting documentation, you
must send the response within thirty (30) calendar days of the date of
this Citation to the contact and address provided in paragraph 10,
below.
10. All written communications, including the information requested in
paragraphs 3 and 7, above, should be provided to the address below.
Federal Communications Commission
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, California 90703
Re: EB-FIELDWR-13-00011784
11. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include 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) business 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 FCC's 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).
12. Please be advised that it is a violation of Section 1.17 of the Rules
(47 C.F.R. S 1.17) for any person or a staff member of that person to
make any false or misleading written or oral statement of fact.
Specifically, no person 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.^
13. Further, the knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
14. If you violate Section 1.17 of the Rules or the criminal statute
referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Act.^
15. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Act and the
Rules.
VI. FUTURE VIOLATIONS
16. If, after receipt of this Citation, Big Munga Development again
violates Section 303(q) of the Act, or Sections 17.4(a), 17.7(a),
17.21(a), or 17.48 of the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures not
to exceed $16,000 for each such violation or each day of a continuing
violation, and up to $122,500 for any single act or failure to act.^
Further, as discussed above, such forfeitures may be based on both the
conduct that led to the Citation and the conduct following it.^ In
addition, violations of the Act or the Rules also can result in
seizure of equipment through in rem forfeiture actions,^ as well as
criminal sanctions, including imprisonment.^
VI. ORDERING CLAUSES
17. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Big Munga Development must provide the written
information requested in paragraphs 3 and 7, above. The response to
the request for information must be provided in writing, signed under
penalty of perjury by an authorized official at Big Munga Development
with personal knowledge of the information and representations
provided in the written response, and must be received by the FCC
within thirty (30) calendar days after the release date of this
Citation and Order.
18. 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 Big Munga Development, LLC, at 860 S. Los Angeles St.,
#9^th Floor, Los Angeles, CA 90014-3311.
FEDERAL COMMUNICATIONS COMMISSION
Charles A. Cooper
District Director
Los Angeles Office
Western 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 Big Munga Development because such notice may not have been
previously provided. See North Chapel Investments, Citation and Order, 27
FCC Rcd 4813 (Enf. Bur. 2012) (citation issued to nonlicensee antenna
structure owner which may not have had notice of its obligations
concerning its antenna structures).
^ 47 U.S.C. S 303(q).
^ 47 C.F.R. SS 17.4(a), 17.7(a), 17.21(a), 17.48.
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ NOTAMs alert aircraft pilots of potential hazards, including antenna
structure light outages, which could affect flight safety.
^ See Common Carrier Fixed Point to Point Microwave License, WPRW876
(cancelled). Although the structure is no longer being used for the
transmission of radio energy, Big Munga Development is required to
maintain the painting and lighting requirements assigned to the structure
until the structure is dismantled. See 47 U.S.C. S 303(q).
^ 47 U.S.C. S 303(q).
^ 47 C.F.R. S 17.4(a).
^ 47 C.F.R. S 17.7(a).
^ 47 C.F.R. S 17.21(a).
^ 47 C.F.R. S 17.48.
^ 47 U.S.C. S 303(q); 47 C.F.R. SS 17.4(a), 17.7(a), 17.21(a), 17.48.
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See supra para. 2.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
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Federal Communications Commission DA 13-2307
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Federal Communications Commission DA 13-2307