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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Calvary Educational Broadcasting Network ) File No.: EB-FIELDNER-17-00025293
)
Owner of Antenna Structure No. 1007848 )
)
Poplar Bluff, Missouri )
)
NOTICE OF VIOLATION
Released: April 11, 2018
By the Regional Director, Region One, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Calvary Educational Broadcasting Network dba KOKS, owner of
Antenna Structure Number 1007848 in Poplar Bluff, Missouri. 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 February 21, 2018, an Agent of the Enforcement Bureau’s Chicago Office inspected
Antenna Structure Number 1007848 in Poplar Bluff, Missouri, and observed the following violation:
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 Agent observed that the
required nighttime obstruction lighting was not illuminated. The flashing red
obstruction light at the top level of the antenna structure was extinguished and
five of the six red steady-burning side markers were extinguished.
3
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
3
On February 20, 2018 after receiving information of the obstruction lighting outage, the Commission reported the obstruction
lighting outage to the Federal Aviation Administration Outage Reporting System maintained by Lockheed Martin. Out of
caution, Lockheed Martin issued Notice to Airmen (NOTAM) Number 02-004. This was further extended to May 7, 2018. If
Calvary Educational Broadcasting Network does not repair the obstruction lighting by May 7, 2018, the date the NOTAM will
automatically expire, it will have to contact Lockheed Martin at 877-487-6867 to extend the NOTAM. If repairs are made before
the NOTAM automatically expires, Calvary Educational Broadcasting Network will have to contact Lockheed Martin to cancel
the NOTAM.
Federal Communications Commission
2
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
4
and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Calvary Educational Broadcasting Network 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.
5
4. In accordance with Section 1.16 of the Rules, we direct Calvary Educational
Broadcasting Network to support its response to this Notice with an affidavit or declaration under penalty
of perjury, signed and dated by an authorized officer of Calvary Educational Broadcasting Network with
personal knowledge of the representations provided in the Calvary Educational Broadcasting Network
response, verifying the truth and accuracy of the information therein,
6
and confirming that all of the
information 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.
7
5. All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and both emailed (to FIELD@FCC.GOV) and mailed to the
following address:
Federal Communications Commission
Region One Office
Enforcement Bureau
P.O. Box 130
Columbia, Maryland 21045
6. This Notice shall be sent to Calvary Educational Broadcasting Network dba KOKS at its
address of record, with a copy to its counsel, Charles Naftalin, Holland & Knight, 800 17th St NW #1100,
Washington, DC 20006.
4
47 U.S.C. § 403.
5
47 CFR § 1.89(c).
6
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 CFR § 1.16.
7
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
3
7. The Privacy Act of 1974
8
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
David C. Dombrowski
Regional Director
Region One
Enforcement Bureau
8
P.L. 93-579, 5 U.S.C. § 552a(e)(3).