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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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-2307

                                       2

   Federal Communications Commission DA 13-2307