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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-FIELDSCR-17-00024749
East Arkansas Broadcasters, Inc. )
Owner of Antenna Structure No. 1038728 )
)
Jonesboro, Arkansas )
NOTICE OF VIOLATION
Released: November 14, 2017
By the Regional Director, Region Two, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to East Arkansas Broadcasters, Inc., owner of antenna structure number
1038728 in Jonesboro, Arkansas. 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 noted herein.
2
2. The Federal Communications Commission’s (FCC’s or Commission’s) Enforcement
Bureau’s (Bureau’s) New Orleans Office received acknowledgement from Bobby Caldwell, president of
East Arkansas Broadcasters, Inc., that the lighting system for antenna structure number 1038728 is
currently in a nonworking status. Based on evidence gathered through the Notice to Airmen (NOTAM)
database, East Arkansas Broadcasters, Inc., is in violation of the following rule:
a. 47 C.F.R. § 17.56: “Replacing or repairing of lights, automatic indicators or
automatic control or alarm systems shall be accomplished as soon as
practicable.” The NOTAM database indicate four NOTAMs have been
issued for antenna structure number 1038728 since February 2, 2017.
NOTAM JBR 02/067 was issued on February 2, 2017 and expired on
March 2, 2017. NOTAM JBR 05/240 was issued on May 18, 2017 and
expired on July 14, 2017. NOTAM JBR 06/338 was issued on June 29, 2017
and expired on September 29, 2017. NOTAM JBR 10/008 was issued on
October 2, 2017 and expires on December 31, 2017. The Commission has
received no information indicating the lights have been repaired since
1
47 C.F.R. § 1.89.
2
47 C.F.R. § 1.89(a).
Federal Communications Commission
2
issuance of the first NOTAM, and therefore, assumes the lights has been in a
nonworking status since at least February 2, 2017. Unless reasons provided
by East Arkansas Broadcasters, Inc., prove otherwise, a duration greater than
seven months is beyond the bounds of “as soon as practicable.”
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, East Arkansas Broadcasters, Inc. 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 East Arkansas Broadcasters, Inc.
to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of East Arkansas Broadcasters, Inc. with personal knowledge of the
representations provided in East Arkansas Broadcasters, Inc.’s response, verifying the truth and accuracy
of the information therein,
5
and confirming that all of the information requested by this Notice which is in
the East Arkansas Broadcasters, Inc.’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.
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5. All replies and documentation sent in response to this Notice should be marked with the
File No. specified above, and mailed to the following address:
Federal Communications Commission
Atlanta Regional Office
3600 Hiram Lithia Springs Rd SW
Powder Springs, GA 30127
6. This Notice shall be sent to East Arkansas Broadcasters, Inc.at its address of record.
3
47 U.S.C. § 403.
4
47 C.F.R. § 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,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”
47 C.F.R. § 1.16.
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18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
Federal Communications Commission
3
7. The Privacy Act of 1974
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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
Ronald Ramage
Regional Director
Region Two
Enforcement Bureau
7
P.L. 93-579, 5 U.S.C. § 552a(e)(3).