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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Cornerstone TeleVision, Inc. Owner of Antenna Structure
   No. 1053126 Brookville, Pennsylvania ) ) ) ) ) ) ) File No.:
   EB-FIELDNER-12-00002081 NAL/Acct. No.: 201332400001 FRN: 0003739364




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 18, 2013 Released: March 19, 2013

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Cornerstone TeleVision, Inc. (Cornerstone), owner of antenna
       structure number 1053126 (Antenna Structure) in Brookville,
       Pennsylvania,^ apparently willfully and repeatedly violated Section
       303(q) of the Communications Act of 1934, as amended (Act), and
       Sections 17.51(a) and 17.47(a) of the Commission's rules (Rules)^ by
       failing to (1) exhibit red obstruction lighting from sunset until
       sunrise, and (2) monitor obstruction lighting on a daily basis. We
       conclude that Cornerstone is apparently liable for a forfeiture in the
       amount of fifteen thousand dollars ($15,000).

   II. BACKGROUND

    2. The Antenna Structure has an overall height above ground level of 85.4
       meters and was required to conform to the painting and lighting
       requirements of FCC Paragraphs 1, 3, 11 and 21.^ These requirements
       specify that the Antenna Structure must be painted and must display
       two steady burning red obstruction lights at the mid level and a red
       beacon at the top level.^

    3. On March 13, 2012, the Commission received a complaint that the
       top-level obstruction light on the Antenna Structure was
       extinguished.^ An agent from the Enforcement Bureau's Philadelphia
       Office (Philadelphia Office) contacted the Federal Aviation
       Administration (FAA) and found that a Notice to Airmen (NOTAM) had not
       been issued for the Antenna Structure's light outage. At the agent's
       request, a NOTAM was issued that same day.

    4. On March 20, 2012, at 11:07 p.m., agents from the Philadelphia Office
       inspected the Antenna Structure and confirmed that the red obstruction
       lighting was extinguished. The inspection was conducted with the
       owners of the property where the Antenna Structure is located.
       According to the property owners, the top light had been out since
       January 18, 2011. The property owners also stated that they had
       notified Cornerstone of the light outage several times.

    5. On March 21, 2012, an agent spoke with Cornerstone's Chief Engineer,
       who reported that he believed the top light on the Antenna Structure
       had been out for several months, but not since January 18, 2011, as
       claimed by the property owners. He further stated that he had notified
       the FAA the month before.^ The Chief Engineer also reported that the
       Antenna Structure lights were monitored by a local resident with whom
       Cornerstone had a verbal agreement to monitor the lights and perform
       routine maintenance at the Antenna Structure site.

    6. After speaking with the Chief Engineer on March 21, 2012, the agent
       also spoke with the local resident Cornerstone claimed was responsible
       for monitoring the Antenna Structure lights. The local resident
       reported to the agent that he did not make daily observations of the
       Antenna Structure lights and he did not keep records of any known
       light outages. He further reported that he was last at the site on
       March 1, 2012, but could not provide any information regarding the
       status of the Antenna Structure lights on that day. He stated that his
       visit prior to that date was in November 2011, at which time he did
       observe an Antenna Structure light outage, which he then reported to
       Cornerstone. He also told the agent that he is now retired and resides
       in the State of Georgia but that his son has taken over his
       responsibilities for the Antenna Structure. The agent followed up with
       the son, who reported that, although Cornerstone requested that he
       notify them of any light outage, he was not asked to make daily
       observations.

    7. On March 28, 2012, Cornerstone's Chief Engineer reported to the agent
       during a telephone conversation that the lights were repaired on March
       23, 2012. He also confirmed that Cornerstone had never formally
       instructed the local residents (father or son) to monitor the lights
       or maintain logs of observed light outages. The Chief Engineer further
       reported that the son has now been instructed to monitor the lights on
       a daily basis and to report any outages to Cornerstone.

    8. As a follow-up to the inspection, the Philadelphia Office issued a
       letter of inquiry (LOI) to Cornerstone on May 8, 2012.^ On May 29,
       2012, Cornerstone filed a response to the LOI.^ Cornerstone reported
       that it first became aware of the light outage on August 1, 2011, and
       that, although it had ordered replacement bulbs on August 5, 2011, the
       lights were not fixed until March 23, 2012.^ Cornerstone also
       submitted documentation showing that it had notified the FAA on August
       1, 2011.^ Cornerstone stated that it believed it had subsequently
       notified the FAA at least two other times, but was unable to provide
       supporting documentation for these other times. Cornerstone also
       stated that it believed the local residents with whom it had a verbal
       agreement were conducting daily observations of the Antenna Structure
       lighting. Cornerstone further stated that it did not learn that the
       local resident's son had taken over responsibility of the Antenna
       Structure until late 2011.

   III. DISCUSSION

    9. Section 503(b) of 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.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^ The Commission may also assess a forfeiture for violations
       that are merely repeated, and not willful.^ The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

     A. Failure to Monitor and Exhibit Required Obstruction Lighting on the
        Antenna Structure

   10. 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 "[a]ll
       red obstruction lighting shall be exhibited from sunset until sunrise
       unless otherwise specified."^ Section 17.47(a) of the Rules states
       that owners of antenna structures "(1) shall make an observation of
       the antenna structure's lights at least once each 24 hours either
       visually . . . to insure that all such lights are functioning properly
       as required; or alternatively (2) shall provide and properly maintain
       an automatic alarm system designed to detect any failure of such
       lights and to provide indication of such failure to the owner."^

   11. The evidence in this case is sufficient to establish that Cornerstone
       violated Section 303(q) of the Act and Sections 17.51(a) and 17.47(a)
       of the Rules. On March 20, 2012, agents from the Philadelphia Office
       observed that the required red obstruction lighting on the Antenna
       Structure was extinguished after sunset and that a current NOTAM was
       not in place. In its LOI Response, Cornerstone admitted that the light
       outage had existed from August 1, 2011, when it claims it first became
       aware of the light outage, until March 23, 2012, when the lights were
       repaired after the agents' inspection on March 20, 2012. Although
       Cornerstone believed a local resident was conducting daily
       observations of the Antenna Structure lights, the agents'
       investigation revealed that the local residents were not conducting
       daily monitoring. Cornerstone is responsible for monitoring the
       Antenna Structure lights and is liable for any violations resulting
       from the failures or omissions of its employees.^ Therefore, based on
       the evidence before us, we find that Cornerstone apparently willfully
       and repeatedly violated Section 303(q) of the Act and Sections
       17.51(a) and 17.47(a) of the Rules by failing to (1) exhibit all
       required red obstruction lighting from sunset to sunrise on the
       Antenna Structure, and (2) monitor the Antenna Structure's lights on a
       daily basis.

     A. Proposed Forfeiture Amount

   12. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failure to comply
       with prescribed antenna structure lighting and marking 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.^ Given the duration of the
       extinguishment and the potential public safety hazard caused by such
       an outage, we find that an upward adjustment to the base forfeiture in
       the amount of $5,000 is warranted. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Cornerstone is apparently liable for a
       total forfeiture in the amount of $15,000.^

   IV. ORDERING CLAUSES

   13. 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, 0.314, and 1.80 of the Commission's rules, Cornerstone
       TeleVision, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of fifteen thousand dollars ($15,000) for
       violations of Section 303(q) of the Act and Sections 17.51(a) and
       17.47(a) of the Rules.^

   14. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, Cornerstone
       TeleVision, Inc. SHALL PAY the full amount of the proposed forfeiture
       or SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   15. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Cornerstone TeleVision, Inc. shall also send
       electronic notification on the date said payment is made to
       [1]NER-Response@fcc.gov. Regardless of the form of payment, a
       completed FCC Form 159 (Remittance Advice) must be submitted.^ When
       completing the FCC Form 159, enter the Account Number in block number
       23A (call sign/other ID) and enter the letters "FORF" in block number
       24A (payment type code).   Below are additional instructions you
       should follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   16. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer--Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.^  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   17. 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 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
       2300 East Lincoln Highway, Langhorne, Pennsylvania 19047, and include
       the NAL/Acct. No. referenced in the caption. Cornerstone TeleVision,
       Inc. also shall e-mail the written response to
       [2]NER-Response@fcc.gov.

   18. 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.

   19. 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 First Class Mail to Cornerstone TeleVision, Inc., One
       Signal Hill Drive, Wall, Pennsylvania 15148.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ We note that, although Cornerstone still owns the antenna structure in
   Brookville, Pennsylvania, it notified the FCC that, on August 29, 2012, it
   had reduced the height above ground of the Antenna Structure to below
   60.96 meters. An antenna structure requires notification to the Federal
   Aviation Administration, and registration with the FCC, when its height
   above ground exceeds 60.96 meters. See 47 C.F.R. SS 17.4, 17.7; see also
   47 C.F.R. S 17.21(a) (requiring antenna structures more than 60.96 meters
   in height above the ground to be painted and lighted).

   ^ 47 U.S.C. S 303(q); 47 C.F.R. S 17.47(a) and 17.51(a).

   ^ See 47 C.F.R. S 17.21(a) (requiring antenna structures more than 60.96
   meters in height above the ground to be painted and lighted). See also
   Antenna Structure Registration database for antenna structure number
   1053126.

   ^ Id.

   ^ See Complaint (March 13, 2012) (on file in EB-FIELDNER-12-00002081).

   ^ The agent confirmed with the FAA that a NOTAM had been issued with
   regard to the Antenna Structure on January 31, 2012. That NOTAM expired on
   February 15, 2012.

   ^ Letter from Kevin Doyle, Acting District Director, Philadelphia Office,
   Northeast Region, FCC Enforcement Bureau, to Cornerstone TeleVision, Inc.
   (May 8, 2012) (on file in EB-FIELDNER-12-00002081).

   ^ Response from Thomas A. Scott, Chief Financial Officer, Cornerstone
   TeleVision, Inc., to Philadelphia Office, FCC Enforcement Bureau (May 25,
   2012) (on file in EB-FIELDNER-12-00002081) (LOI Response).

   ^ Cornerstone reported that it had tried in August 2011 to engage a
   volunteer iron worker it had previously used to complete the lighting
   repairs, but the iron worker was not available. LOI Response  at 2.

   ^ See LOI Response  at 4.

   ^ 47 U.S.C. S 503(b).

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   ^ See, e.g., Application for Review of Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons.
   denied, 7 FCC Rcd 3454 (1992).

   ^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   ^ 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

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

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

   ^ 47 C.F.R. S 17.47(a).

   ^ See, e.g., Tidewater Communications, LLC, Order on Review, 25 FCC Rcd
   1675 (2010)  (finding that  a violator can be held liable for violations
   resulting from mistakes of its employees), citing North Country Repeaters,
   Forfeiture Order, 19 FCC Rcd 22139 (Enf. Bur. 2004); PBJ Communications of
   Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088 (1988); and
   Standard Communications Corp., Memorandum Opinion and Order, 1 FCC Rcd 358
   (1986).

   ^ 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) (Forfeiture Policy Statement), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See, e.g., Ramco Broadband Services, Notice of Apparent Liability for
   Forfeiture and Order, 26 FCC Rcd 255 (proposing $15,000 forfeiture for
   antenna structure light outage that was not timely repaired).

   ^ 47 U.S.C. SS 303(q) and 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80, 17.51(a) and 17.47(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-452

                                       6

   Federal Communications Commission DA 13-452

References

   Visible links
   1. mailto:NER-Response@fcc.gov
   2. mailto:NER-Response@fcc.gov