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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cortaro Broadcasting Corporation )
)
Owner of Antenna Structure No. 1242681 ) File Nos.: EB-FIELDWR-17-00023752
Owner of Antenna Structure No. 1242682 ) EB-FIELDWR-17-00024078
)
Coolidge, Arizona )
)
NOTICE OF VIOLATION
Released: May 1, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Cortaro Broadcasting Corporation (Cortaro), owner of Antenna Structure
Nos. 1242681 and 1242682 in Coolidge, Arizona. Pursuant to Section 1.89(a) of the Rules, issuance of
this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.
2
2. On March 28, 2017 and March 29, 2017, agents of the Enforcement Bureau’s Los
Angeles Office inspected Antenna Structure Nos. 1242681 and 1242682 in Coolidge, Arizona, and
observed violations of the following rules:
a. 47 CFR § 17.6. “The antenna structure owner is responsible for maintaining the
painting and lighting in accordance with this part.” At the time of the inspections,
which was after sunset and before dawn, the agents observed that the required
nighttime obstruction lighting was not illuminated.
b. 47 CFR § 17.47(a)(1),(2): “The owner of any antenna structure which is
registered with the Commission and has been assigned lighting specifications
in this part [s]hall make an observation of the antenna structure's lights at
least once each 24 hours either visually or by observing an automatic
properly maintained indicator designed to register any failure of such lights,
to insure that all such lights are functioning properly as required; or
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
alternatively [s]hall 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.” During an interview with the registrant’s
representative, the representative stated that he was unaware of the
requirement to observe the lights on a daily basis.
c. 47 CFR § 17.48(a): “The owner of any antenna structure which is registered
with the Commission and has been assigned lighting specifications
referenced in this part [s]hall report immediately by telephone or telegraph to
the nearest Flight Service Station or office of the Federal Aviation
Administration any observed or otherwise known extinguishment or
improper functioning of any top steady burning light or any flashing
obstruction light, regardless of its position on the antenna structure, not
corrected within 30 minutes. Such reports shall set forth the condition of the
light or lights, the circumstances which caused the failure, the probable date
for restoration of service, the FCC Antenna Structure Registration Number,
the height of the structure (AGL and AMSL if known) and the name, title,
address, and telephone number of the person making the report.” At the time
of the inspections, the Commission’s Operations Center had previously
learned that the lighting outages had not been reported, and separately
contacted the FAA. The antenna structure owner, who stated that he was
unaware of the requirement to observe the lights and report outages, had
failed to report the obstruction light outages to the FAA.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
3
and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Cortaro must submit a written statement concerning this matter within twenty (20) days
of release of this Notice. The response (i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4
4. In accordance with Section 1.16 of the Rules, we direct Cortaro to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Cortaro with personal knowledge of the representations provided in Cortaro’s response,
verifying the truth and accuracy of the information therein,
5
and confirming that all of the information
3
47 U.S.C. § 403.
4
47 CFR § 1.89(c).
5
Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
Federal Communications Commission
3
requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been
produced. To knowingly and willfully make any false statement or conceal any material fact in reply to
this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.
6
5. All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Los Angeles Office
18000 Studebaker Rd. #660
Cerritos, CA 90703
6. This Notice shall be sent to Cortaro Broadcasting Corporation at its address of record.
7. The Privacy Act of 1974
7
requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director, Region Three
Enforcement Bureau
Federal Communications Commission
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”
47 CFR § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
7
See 5 U.S.C. § 552a(e)(3).