FCC Web Documents citing 17.48
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- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
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- a registrant is expected to correct errors when they are brought to the entity's attention and that such correction is not grounds for a downward adjustment in a forfeiture. Finally, we note that Entravision does not dispute the fact that it failed to notify the FAA's Riverside FSS of the light outage on antenna structure #1015656, as required by Section 17.48 of the Rules. This failure on Entravision's part required the San Diego Office to request the Riverside FSS to issue a 15 day NOTAM. Additionally, Entravision does not dispute and, in fact acknowledges in its Response, that for at least the middle part of March 2006, no daily observations were made by Entravision staff, as required by Section 17.47(a) of
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- done to replace the tower light monitoring system. Multicultural also notes that Section 17.56 of the Rules states that replacing or repairing lights shall be accomplished ``as soon as practicable'' and that antenna structure #1013937 is located in a remote area. Multicultural acknowledges, however, that it failed to notify the FAA of the tower light outage as required by Section 17.48 of the Rules. Reductions based on good faith efforts to comply generally involve situations where violators demonstrate that they initiated measures to correct or remedy violations prior to a Commission inspection or investigation. While Multicultural has produced evidence that both its tower light monitoring system and the extinguished light itself have been repaired, it has produced no evidence that Multicultural
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- Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Western Slope Communications, LLC, (``Western Slope'') owner of antenna structure number 1023390, near Rifle, Colorado, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On December 7, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Western Slope in the amount of $13,000 after determining that Western Slope apparently repeatedly failed to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Western Slope Communications, LLC, (``Western Slope'') registrant of antenna structure number 1023390, near Rifle, Colorado. The Consent Decree terminates an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). The Bureau and Western Slope have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and
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- Commission (the ``FCC'' or ``Commission'') and Western Slope Communications, LLC, (``Western Slope'') owner of antenna structure number 1023390, near Rifle, Colorado, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, Title 47 of the United States Code. ``Adopting Order'' means an order of the Bureau adopting the terms and conditions of this Consent Decree. ``Bureau'' means the Commission's Enforcement Bureau. ``Commission'' or
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- ) ) ) File Number EB-06-BF-024 NAL/Acct. No. 200732280002 FRN 0006161855 FORFEITURE ORDER Adopted: February 20, 2008 Released: February 21, 2008 By the Acting Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Forever of PA, Inc. (``Forever'') for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. BACKGROUND On February 22, 2007, the Commission's Buffalo Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Forever for failure to properly maintain the top red
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- not issue a NOTAM at that time, because the agents were not the owner of the structure. Local sunset on this date was 5:30 PM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620002 (Enf. Bur., New Orleans Office, April 6, 2007) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(E). 47 C.F.R. § 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. § 17.48. As provided by 47 U.S.C. § 312(f)(2), a continuous violation is ``repeated'' if it continues for more than one day. The Conference Report for Section
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- Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Pembrook Pines Elmira, Ltd. (``Pembrook''), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules (``Rules'') by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. II. BACKGROUND On January 12, 2007, the Buffalo Field Office issued a Notice of
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- Corporation (``CRC''), registrant of antenna structure #1019247, in Claremont, California. CRC seeks reconsideration of the Forfeiture Order, issued by the Western Region, Enforcement Bureau (``Region''), in which CRC was found liable for a monetary forfeiture in the amount of $13,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Commission's Rules ("Rules"). For the reasons discussed below, we deny CRC's Petition. II. BACKGROUND According to the Commission's ASR database, antenna structure #1019247 is required to have painting and lighting in accordance with Chapters 3, 4, 5 and 13 of FAA Circular 70/7460-1J. Specifically, the structure is required to be painted and have obstruction lighting
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- By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Threshold Communications ("Threshold"), owner of antenna structure #1015782, near Waterford, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), and 17.48 of the Commission's Rules ("Rules"). On September 28, 2007, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Threshold for failing to exhibit the structure's red obstruction lighting from sunset to sunrise; by failing to make observation of the antenna structure's lights at least once each 24 hours
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- of an antenna structure is required to ``report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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.'' 47 C.F.R. § 17.48. See e.g., Syntax-Brillian Corporation, Forfeiture Order and Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 6323 (2008); AT&T Wireless Services, Inc., Forfeiture Order, 17 FCC Rcd 21866 (2002); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994). 47 U.S.C. § 503(b); 47 C.F.R. §§§ 0.111, 0.311, 1.80(f)(4), 17.51(b), 17.57. 47 U.S.C. § 504(a). Federal Communications Commission DA 09-1184
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- 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038 (MB 2002). Forfeiture Order, 18 FCC Rcd 21375 (EB 2003). See 47 C.F.R. § 17.48 (owners shall report immediately to the FAA any observed or known extinguishment or improper functioning of any top steady burning light not corrected within 30 minutes). See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where it represented approximately 2.02 percent of the violator's gross revenues); Local Long Distance, Inc., 16 FCC Rcd
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- By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand ($11,000) to Ely Radio LLC, (``Ely'') owner of antenna structure number 1005854, in Winnemucca, Nevada, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On October 31, 2008, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Ely in the amount of $13,000 after determining that Ely apparently repeatedly failed to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure number
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- 16, 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau (``Houston
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- the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to display the Antenna Structure Registration (``ASR'') number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage,
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- Aviation Administration (``FAA'') issued a Notice to Airmen regarding antenna structure number 1048971. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540001 (Enf. Bur., Houston Office, October 8, 2009) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(E). 47 C.F.R. § 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. § 17.48 (requiring immediate notification to the FAA of any top steady or flashing obstruction lighting outage not repairable within 30 minutes). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any
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- EB-10-HU-0002 NAL/Acct. No: 201132540001 FRN: 0019691591 ORDER Adopted: July 26, 2011 Released: July 26, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Order (``Order''), we determine that no forfeiture penalty should be imposed on RAMCO Broadband Services (``RAMCO''). In the Notice of Apparent Liability for Forfeiture (``NAL''), we found RAMCO apparently liable for violating sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's rules (``Rules''). Consistent with section 503(b)(4) of the Communications Act of 1934, as amended, RAMCO was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure
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- 2011 Released: September 12, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. (``Taylor''), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules (``Rules'') and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND On September 25, 2008, in response to a complaint alleging violations concerning antenna
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- Enf. Bur. 2011). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated herein by reference. The Tower is 134.1 meters above ground in height and is required to be painted and lit. See Antenna Structure Registration Database, Registration Number 1058250. NAL at 5144-5145. Id. See also 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to James D. Wells, District Director, Dallas Office, dated June 3, 2011 (``NAL Response''). Karen
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- 2011 Released: November 18, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Timothy J. Mullen (``Mullen''), registrant of antenna structure #1016437 in Cawelo, California, apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended, (``Act'') and sections 17.51(a), 17.48, and 17.57 of the Commission's rules (``Rules'') by failing to: (1) exhibit the antenna structure's red obstruction lighting from sunset to sunrise; (2) immediately notify the Federal Aviation Administration (FAA) of a known extinguishment of any flashing obstruction light; and (3) notify the Commission of the structure's ownership change. We conclude that Mullen is apparently liable for a forfeiture in
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- 405 of the Communications Act of 1934, as amended (``Act''), and section 1.106 of the Commission's rules (``Rules''), we deny in part and grant in part a Petition for Reconsideration (``Petition'') filed by Forever of PA, Inc. (``Forever''). The Petition seeks reconsideration of a Forfeiture Order that imposed a monetary forfeiture of $10,000 against Forever for willfully violating sections 17.47, 17.48, and 17.51(a) of the Rules by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. For the reasons set forth below, we grant in part and deny in part the Petition and reduce the forfeiture to $8,000. background Forever is the registrant of antenna structure # 1027115 (the ``Antenna Structure''), and
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- In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to International Church of the Foursquare Gospel DBA Radio Station KFSG FM (``Foursquare Gospel''), registrant of antenna structure #1012525 in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.6, 17.47(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve Foursquare Gospel's failure to exhibit the structure's red obstruction lighting from sunset to sunrise; failure to maintain the antenna structure painting and lighting in accordance with its Antenna Structure Registration (``ASR''); failure to monitor the antenna structure's lights using a properly maintained indicator and/or automatic alarm system designed to
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to KFW Communications LLC at P.O. Box 479, Bedford, TX 76021. FEDERAL COMMUNICATIONS COMMISSION Robert C McKinney District Director Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. § 17.47. See infra ¶ 7. See 47 C.F.R. § 17.48 (requiring notification to the FAA of any observed or otherwise known extinguishment or improper functioning of tower lighting). See Letter from Robert C. McKinney, District Director, Kansas City Office, to KFW Communications, dated June 3, 2010. See Letter from Charles Wesley, Technical Support, KFW, to Robert C. McKinney, District Director, Kansas City Office, dated June 18, 2010 (``First LOI Response'');
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- of the structure in the Antenna Structure Registration (``ASR'') database. See also Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas Office, dated October 15, 2010. Ms. McMillan admitted that Andrews Tower Rental Inc. appeared to still own the tower. 4 See Antenna Structure Registration Database, Registration Number 1058250. See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on July 8, 2010, at the agent's request. On July 8, 2010, Andrews Tower's owner responded to the voice message stating
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- this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Miller Communications, LLC, ATTN: Jim Miller, 14 Polkville Rd, Columbia, NJ 07832. FEDERAL COMMUNICATIONS COMMISSION Douglas Miller District Director, Atlanta Office South Central Region Enforcement Bureau 47 U.S.C. § 303(q). 47 C.F.R. §§ 17.47(a), 17.51(a). See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on December 9, 2010, at the agent's request. Miller was first contacted on December 9, 2010 about the Tower, but denied
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- FRN: 0019691591 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 13, 2011 Released: January 13, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RAMCO Broadband Services (``RAMCO''), owner of antenna structure number 1045666, in Yorktown, Texas, apparently willfully and repeatedly violated sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's Rules (``Rules'') by failing to: (1) display the Antenna Structure Registration Number (``ASRN'') in a conspicuous place so that it is readily visible near the base of the antenna structure; (2) notify the Federal Aviation Administration (``FAA'') immediately of a known extinguishment of any flashing obstruction lighting; (3) exhibit all red obstruction lighting from
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- West Jarvis Avenue, Skokie, Illinois 60076, and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850 M Street NW, Suite 240, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Ronald D. Ramage District Director, Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. §§ 11.35, 17.51, 73.3526. 47 U.S.C. § 303(q). 47 C.F.R. § 73.1560(b). See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM for the antenna structure on January 28, 2011, at the agent's request. KM Radio acquired both stations in 2003. See File
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- Central Region Enforcement Bureau 47 U.S.C. § 303(q). 47 C.F.R. § 17.51(a). On May 31, 2011, the agent also contacted the Federal Aviation Administration (FAA) and learned no one had contacted the FAA about a light outage on the Antenna Structure and that a Notice to Airmen (NOTAM) had not been issued for the Antenna Structure. See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). A NOTAM for the Antenna Structure was issued June 1, 2011 after Telava contacted the FAA. Letter from Douglas G. Miller, District Director, Atlanta Office, to
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- to: (1) notify the Commission immediately of a change in antenna structure ownership; (2) exhibit required obstruction lighting from sunset to sunrise on two antenna structures; (3) notify the Federal Aviation Administration (FAA) immediately of the lighting outages; and (4) maintain the required paint on the Antenna Structures, in violation of Section 303(q) of the Act and Sections 17.57, 17.51, 17.48, and 17.50 of the Commission's rules (Rules), respectively. North Chapel should take immediate steps to come into compliance and to avoid any recurrence of this misconduct, including maintaining current contact information in the Antenna Structure Registration (ASR) database, repainting the Antenna Structures, repairing the Antenna Structure lighting, and notifying the FAA of the lighting outages until they are repaired. As
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- 2012 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that James A. Davis, owner of antenna structure number 1214169 (the Antenna Structure), in Hearne, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules (Rules) by failing to: (1) notify immediately the Federal Aviation Administration (FAA) of an antenna structure light outage; (2) clean or repaint his antenna structure as often as necessary to maintain good visibility; (3) exhibit red obstruction lighting from sunset until sunrise; and (4) notify the Commission of a change in ownership
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- Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. § 17.51(a). A Notice to Airmen (NOTAM) had been issued for the Antenna Structure but the FAA had issued it internally, without notification by Martin Broadcasting. See 47 C.F.R. § 17.48 (requiring antenna structure owners to notify the FAA immediately of certain known lighting outages). See 47 C.F.R. § 17.47 (requiring antenna structure owners to observe required lighting once every 24 hours or to install an automatic alarm system). 47 U.S.C. § 503(b). 47 U.S.C. § 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (``This provision [inserted in
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- face of expanded use of such devices likely to result from action taken in this proceed ing. The comments indicate the present availability of sev eral types of antenna tower light monitors. Some such devices are currently permitted as an alternative to inspec tion by individuals. No evidence has been presented that such devices have been unreliable. 28. Currently, Section 17.48(a) requires that the licensee notify the Federal Aviation Administration ("FAA") of any extinguishment or improper functioning of any top steady burning light or any flashing obstruction light that cannot be repaired within 30 minutes of discovery. No sufficient justification was given for changing this rule. The Commis sion believes that licensees ought to be promptly notified of tower light failure
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- Communications, Bernalillo, New Mexico. Denver, CO Disrict Office (9/6/00). Rio Grande Transmission, Inc., Apache Springs, New Mexico. Denver, CO District Office (9/6/00). 360( Communications Company of New Mexico, Santa Fe, New Mexico. Denver, CO District Office (9/6/00). F B Tauer Company, Howell, MI. Detroit, MI District Office (9/8/00). Southern California Gas Company, San Diego, CA. Other violation: 47 CFR § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Los Angeles, CA District Office (9/8/00). Cellular Communications of PR, Inc., San Juan, PR. San Juan, PR Resident Agent Office (9/11/00). Joe E. Phillips, Lubbock, TX. Dallas, TX District Office (9/11/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Denver, CO
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- in violation of Section 17.4 of the Rules, one for failure to repair or replace malfunctioning tower lights as soon as practicable in violation of Section 17.56 of the Rules, and one for failure to make daily observations of tower lighting and to notify the FAA upon resumption of normal operation of tower lighting in violation of Sections 17.47(a)(1) and 17.48(a) of the Rules. We consider tower lighting violations to be very serious due to the danger posed to aircraft. We are not persuaded that Crown's overall history of compliance justifies a reduction in the forfeiture. We have examined Crown's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a
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- Detroit, MI District Office (10/30/00). Southwest Louisiana Electric Membership, Lafayette, LA. New Orleans, LA District Office (10/30/00). 47 C.F.R. § 17.45 - Temporary Warning Lights American Tower Corp, Boston, MA. Columbia, MD District Office (10/18/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Calvary Inc., Pittsburgh, PA, KQV (AM). Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Philadelphia, PA District Office (10/11/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Philcom Ltd, Cinnaminson, NJ, Antenna Structure 1027110. Philadelphia, PA District Office (10/11/00). Crown Atlantic Company, LLC, Canonsburg, PA. Columbia, MD District Office (10/16/00). Commercial Communications LLC. New Orleans, LA District Office (10/17/00). Century Cellnet
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- Inc., Kenosha, WI, WIIL. Chicago, IL District Office (11/30/00). Next Media Licensing, Inc., Sturtevant WI, WEXT. Chicago, IL District Office (11/30/00). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Antenna Structure Registration Entravision Holdings, LLC, Santa Monica, CA. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). San Francisco, CA District Office (11/3/00). H Brown, Inc., Eunice, LA. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting). New Orleans, LA District Office (11/7/00). Union Pacific Railroad Company, Omaha, NE. New Orleans, LA District Office (11/7/00). Transport Communications, Inc., Pontiac, MI. Other violation: 47 C.F.R. § 17.48(Notification of Extinguishment or
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- for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. §§ 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting) San Juan, PR Resident Agent Office (3/6/01). Chugach Electric Association, Inc.,
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- Sprint Spectrum L.P., Dallas, Texas. Dallas, TX District Office (12/27/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Pinnacle Towers, Inc, Sarasota, FL. New York, NY District Office (12/20/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment American Tower Corporation, Atlanta, GA. Tampa, FL District Office (12/5/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Norfolk, VA Resident Agent Office (12/8/00). Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. §17.57(Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Norfolk, VA Resident Agent Office
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- medium intensity obstruction lighting in operation. The agent searched Commission and industry databases and found no antenna structure registration for this tower. On October 2, 2000, the agent contacted the Federal Aviation Administration's San Juan Flight Service Station (``San Juan FSS'') to find out whether there was a Notice to Airmen (``NOTAM'') in effect for the Juana Diaz tower. Section 17.48(a) of the Rules requires that tower owners immediately report to the nearest FAA Flight Service Station or office any extinguished or improperly functioning obstruction lights not corrected within 30 minutes. The FAA then issues a NOTAM for a period of 15 days advising aircraft pilots that there is an antenna structure at a specific location with a temporary light outage.
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- (4/26/01). 47 C.F.R. Part 11 - Emergency System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Hancock Broadcasting Corporation (WBSL), Bay St. Louis, MS. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (4/4/01). Zachery Broadcasting Company, Lanett, AL. $24,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures
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- of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta
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- of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta
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- - Antenna Structure Registration Multicultural Radio Broadcasting, Inc., Pasadena, CA San Francisco, CA District Office (5/1/01). Crown Castle International Corp., Canonsburg, PA. Tampa, FL District Office (5/2/01). Chinook Concert Broadcasters, Anchorage, AK. Anchorage, AK Resident Agent Office (5/23/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Kelly Broadcasting System Inc., Arecibo, PR. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). San Juan, PR Resident Agent Office (5/1/01). Kwiatkowski, Thomas:Kwiatkowski, Barbara, Lake Geneva, WI. Chicago, IL District Office (5/1/01). AT&T Wireless Services, Inc., Washington, D.C. San Francisco, CA District Office (5/4/01). Spectrasite Communications, Inc., Cary, NC. San Francisco, CA District Office (5/4/01). US West Newvector Group, Inc., Bellevue, WA. Portland, OR Resident Agent
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- Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. § 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), and 73.1870 (Chief Operator). Kansas City, MO District Office (6/18/01). Adelphia Cable, Hanover, NH. Other violation: 47 C.F.R. § 76.605 (Technical Standards). Boston, MA District Office
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- LA. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (7/24/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment The Original Company, Inc., WBTO-FM, Petersburg, IN. $5,000 NAL. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (7/3/01). NOTICES OF VIOLATION Communications Act 47 U,S.C. § 302 - Devices Which Interfere With Radio Reception Fifties Inc. d.b.a. Fifties Communications, San Juan, PR. Other violation: 47 C.F.R.§ 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). San Juan, PR Resident Agent Office (7/23/01). 47 C.F.R.
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- David H. Solomon Chief, Enforcement Bureau 47 C.F.R. § 17.51(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132700007 (Enf. Bur., Tampa Office, released April 25, 2001). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). 47 U.S.C.
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- Chief, Enforcement Bureau 47 C.F.R. § 17.51(a) and (b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. X3268003 (Enf. Bur., San Juan Office, released September 25, 2000). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). See 47
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- Sen. Rep. No. 95-580 at 3 (1977), reprinted in 1978 U.S.C.C.A.N. at 109, and H.R. Conf. Rep. 101-386 at 435 (1989), reprinted in 1989 U.S.C.C.A.N. at 3018). The Kansas City Field Office issued NOVs to Central States Microwave Transmission Company on June 21, 2000 (for violation of Section 17.4 of the Rules); on January 19, 2001 (for violation of Section 17.48 of the Rules); and on January 23, 2001 (for violation of Section 17.48 of the Rules). The Kansas City Field Office issued two separate NOVs to Broadwing on September 27, 2000 (both for violations of Sections 17.4 and 17.57 of the Rules). The Denver Field Office issued an NOV to Rio Grande on March 21, 2001 (for violation of Section
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- Painting and Lighting Antenna Structures) and 17.50 (Cleaning and Repainting). Denver, CO District Office (8/23/01). Winegar's Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). Winegar's Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). Hampdon Communications, Charlton, MA. Other violations: 47 C.F.R.§§ 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (8/24/01). New Par, Alpharetta, GA. Detroit, MI District Office (8/28/01). Tea Comm Corp, Hays, KS. Kansas City, MO District Office (8/29/01) Clearshot Communications, LLC, Malvern, PA. Chicago, IL District Office (8/30/01). WTTL, Madisonville, KY. Chicago, IL District Office (8/31/01). Towers II LLC, Mayfield, KY. Chicago, IL District Office
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- Office (9/24/01). Vera R. Baldwin, Inc., WDLW(AM), Fairfield, OH. Other violation: 47 C.F.R. § 11.52 (EAS Code and Attention Signal Monitoring Requirements). Detroit, MI District Office (9/28/01). · 47 C.F.R. § 11.35 Equipment Operational Readiness EBC, Inc., McCook, KS. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS
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- David H. Solomon Chief, Enforcement Bureau 47 C.F.R. § 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132640006 (Enf. Bur., Norfolk Office, released August 16, 2001). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications, Inc.
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- Company (KNIT869), Guthrie, TX. Dallas, TX District Office (10/12/01). County of Dickens, Dickens, TX Dallas, TX District Office (10/15/01). King, County of (KVV874), Guthrie, Texas. Dallas, TX District Office (10/15/01). Kenneth T. Tipton, Sand Springs, OK. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting). Dallas, TX District Office (10/22/01). Arco Communications, Inc., Chicago, IL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Dallas, TX District Office (10/31/01). · 47 C.F.R. § 17.4(g) Posting of Antenna Structure Registration Numbers MCI Worldcom Network Services, Inc., Richardson, TX. Atlanta, GA District Office (10/2/01). Deffenbaugh Industries, Shawnee, KS. Kansas City, MO District Office (10/10/01). Knews Broadcasting, Inc., Las Vegas,
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- Company (KNIT869), Guthrie, TX. Dallas, TX District Office (10/12/01). County of Dickens, Dickens, TX Dallas, TX District Office (10/15/01). King, County of (KVV874), Guthrie, Texas. Dallas, TX District Office (10/15/01). Kenneth T. Tipton, Sand Springs, OK. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting). Dallas, TX District Office (10/22/01). Arco Communications, Inc., Chicago, IL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Dallas, TX District Office (10/31/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers MCI Worldcom Network Services, Inc., Richardson, TX. Atlanta, GA District Office (10/2/01). Deffenbaugh Industries, Shawnee, KS. Kansas City, MO District Office (10/10/01). Knews Broadcasting, Inc., Las Vegas, NV.
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- 47 C.F.R. Part 11 Emergency Alert System · 47 C.F.R. § 11.15 EAS Operating Handbook Beacon Broadcasting, Inc., Greenville, PA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). School District, Bay City, WCHW-FM, Bay City, MI.
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- International, Canonsburg, PA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Anchorage, AK Resident Agent Office (1/19/01). Nueces Radio Partner LTD dba KOUL FM, Boerne, TX. Houston, TX Resident Agent Office (1/22/01). Alaska Electrical Pension Fund dba Pacific Tower Properties, Inc. Other violations: 47 C.F.R. §§ 17.22 (Particular Specifications to be Used) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Anchorage, AK Resident Agent Office (1/26/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY Resident Agent Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY
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- TeleCorp. Antenna Structure Registration Number 1064593. The FCC requires owners of antenna structures registered with the FCC and subject to lighting specifications to notify the FAA of ``any observed or otherwise 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.'' 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM for a period of 15 days advising pilots that there is an antenna structure at a specific location with a temporary light outage. Antenna Structure Registration Number 1206008. Antenna Structure Registration Number 1203643. Antenna Structure Registration Number 1208552. 47 C.F.R. § 17.51. See 47 C.F.R. § 1.80(b)(4) n. Guidelines for Assessing Forfeitures, Section I.-Base
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- of Inquiry Galaxy Cablevision, Lincoln, MO. Kansas City, MO District Office (2/20/01). Village of Campbell, Campbell, NE. Kansas City, MO District Office (2/20/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.5 - Mailing Address Furnished By Licensee Zachery Broadcasting Company, WDWZ(AM),West Point, GA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District
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- LP. West Bend, WI. Chicago, IL District Office (4/9/02). Milwaukee Repeater Service, Inc., Allentown, WI. Chicago, IL District Office (4/11/02). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment SF New Orleans License Subsidiary, Inc., New Orleans, LA. New Orleans, LA District Office (4/9/02). SpectraSite Communications, Inc., 1231204, Ellsworth, OH. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (4/29/02). 47 C.F.R. § 17.48 - Notification of Extinguishment or Improper Functioning of Lights United States Cellular, Canton, IL. Chicago, IL District Office (4/1/02). Hill Country Real Estate Development Corporation, Chevy Chase, MD. Other violations: 47 C.F.R. §§ 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment) and
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- De Aqua Viva, San Juan, PR. $15,000 NAL. Other violations: 47 C.F.R. §§ 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). San Juan, PR Resident Agent Office (5/14/02). Sprintcom, Inc., Mount Vernon, OH. $15,000 NAL. Other violations: 47 C.F.R. §§ 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Detroit, MI District Office (5/24/02). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Emmis Television License Corporation, New Orleans, LA. $5,000 NAL. Other violation: 47 C.F.R. § 17.57 (Report and Radio Transmitting Antenna Construction, Alteration, and/or Removal). New
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- System Operation). Norfolk, VA Resident Agent Office (6/12/02). 3 · 47 C.F.R. § 17.4(g) Posting of Antenna Structure Registration Number o Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. § 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). o Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.50 (Cleaning and Repainting). Philadelphia, PA District Office (6/14/02). o Seggi Broadcasting of Florida, Inc., Lake Wales, FL. $24,000 NAL. Other violations: 47 C.F.R. §§ 17.23 (Specifications for Painting and Lighting Antenna Structures), 17.50 (Cleaning and Repainting) and 17.51 (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). o
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- CO District Office (12/12/01). 47 C.F.R. § 11.61 - Tests of EAS Procedures Bay Broadcasting Corp., Annapolis, MD. Other violation: 47 C.F.R. § 73.1870 (Chief Operator). Columbia, MD District Office (12/4/01). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration BJ Services, Houston, TX. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Kansas City, MO District Office (12/6/01). Fred Forte, d.b.a. Forte Corporation, Berlin, NJ. Other violation: 47 C.F.R. § 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/6/01). AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/14/01). Lewis Towers, Ormond Beach, FL. Tampa, FL District Office (12/21/01). Discussion Radio,
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- File No. EB-01-PA-312 NAL/Acct. No. 200232400003 FRN 0006-1146-64 FORFEITURE ORDER Adopted: November 13, 2002 Released: November 15, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Beacon Broadcasting, Inc. (``Beacon''), the licensee of WGRP(AM), Greenville, Pennsylvania, for willful and repeated violation of Sections 17.4(g), 17.48(a), and 17.50 of the Commission's Rules (``Rules''). The noted violations involve Beacon's failure to post the Antenna Structure Registration (``ASR'') numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna structures. On June 14, 2002, the Commission's Philadelphia, Pennsylvania (``Philadelphia Office'') issued
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- the Commission that consummation of the assignment took place on November 11, 1998. Accordingly, we accept Bestov Broadcasting's response to the NAL and re-caption this proceeding. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). Failures to observe antenna structure lighting, log light outages, and notify the FAA are separate violations under Part 17. See §§ 17.47, 17.48, 17.49. Eleven Ten Broadcasting, Corp., 32 FCC 706, 707-08 (1962) (``Inherent in such contention, however, is the view that a licensee who delegates to persons it deems responsible, authority to operate and manage a station cannot be held responsible for their activities if it is unaware of them. This is, of course, a completely untenable view. ''). See PJB Communications,
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- Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 17.4(g) and 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232640005 (Enf. Bur., Norfolk Office, released June 13, 2002). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. Media stated that the number ``FRN 006-5587-53'' is now posted at the tower site. This is not the
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- the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to El Dorado 900, LLC (``El Dorado''), owner of Antenna Structure Registration # 1041257, in City of Industry, California, for willful violation of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Commission's Rules (``Rules''). The noted violations involve: (1) failure to maintain required lighting on the antenna structure; (2) failure to 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; (3) failure to
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- C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration Georgia Transmission Corp., Tucker, GA. $3,000 NAL. Atlanta, GA District Office (11/5/02). NRS Enterprises, Inc., Tullahoma, TN. $3,000 NAL. Atlanta, GA District Office (11/5/02). 47 C.F.R. § 17.48 - Notification of Extinguishment and Improper Functioning of Lights CenturyTel Wireless of Michigan RSA # 1& 2, Inc., Vancouver, WA. $13,000 NAL. Detrott, MI District Office (11/8/02). 47 C.F.R. § 17.50 - Cleaning and Repainting 4M of Richmond, Inc., WLEE, Richmond, VA. $21,000 NAL. Other violations: 47 C.F.R. §§ 73.49 (AM Transmission Fencing Requirements) and 73.1745 (Unauthorized Operation). Norfolk, VA
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- GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). 47 C.F.R. § 17.21 - Painting and Lighting, When Required Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). 47 C.F.R. § 17.48 - Notification of Extinguishment or Improper Functioning of Lights Wisconsin RSA No. 8 Limited Partnership, Barlington, WI. Chicago, IL District Office (1/15/02). Wisconsin RSA No. 8 Limited Partnership, Darlington, WI. Chicago, IL District Office (1/15/02). 47 C.F.R. § 17.51 - Time When Lights Must Be Exhibited American Tower Limited Partnership, Atlanta, GA. Tampa, FL District Office (1/23/02). 47 C.F.R. §
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- of Antenna Structure Registration), 73.1350 (Transmission System Operation) and 73.1745 Unauthorized Operation). Atlanta, GA District Office (2/27/02). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. § 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. §§ 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02). Indian
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- Washington, D.C. 20016. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 47 C.F.R. § 17.51(a). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications, Inc.
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- - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration Shenadoah Valley Electric Cooperative, KIA495, Mount Crawford, VA. Columbia, MD District Office (3/12/02). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Sprintcom, Inc., Mount Vernon, OH. Other violations: 47 C.F.R. §§17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (3/1/02). Tower Ventures III, L.L.C., Memphis, TN. Kansas City, MO District Office (3/11/02). Dame Media Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). Telecom Consulting Group, Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). AT&T Wireless Services, Inc., Gary, IN. Chicago, IL District Office (3/12/02). APT
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- 17.21. 47 C.F.R. § 17.4. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 47 C.F.R. § 17.47. 47 C.F.R. § 17.56. 47 C.F.R. § 17.48. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Painting and Lighting Antenna Structures Union Oil of California dba Unocal. $12,000 NAL. Other violation: 47 C.F.R. § 17.4(g) (Posting of Antenna Structure Registration Number). Anchorage, AK Resident Agent Office (1/31/03). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Urban Radio of Pennsylvania, L.L.C., WURP, Philadelphia, PA. $15,000 NAL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (1/6/03). 47 C.F.R. § 17.50 - Cleaning and Repainting John W. Ashley dba Ashley Communications, Plant City, Florida. $10,000 NAL. Tampa, FL District Office (1/22/03). Ad-Venture Media, Inc., WQRK, Bedford, Indiana. $10,000 NAL. Chicago, IL District Office (1/23/03). Robert B.
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- evening, he failed to notify the FAA of the outage immediately. That Mr. Lovejoy believed that there would be no harm in waiting until the next morning to notify the FAA of the lighting outage because there was a lit tower nearby does not excuse his failure to notify the FAA of the lighting outage immediately, as required by Section 17.48(a) of the Rules. Moreover, the Commission has long held that licensees and other Commission regulatees are responsible for the acts and omissions of their employees. Thus, Mortenson is responsible for Mr. Lovejoy's failure to notify the FAA. Accordingly, based on the record before us, we conclude that Mortenson willfully violated Section 17.51(a) of the Rules. We find that Mortenson's violation
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- 17, 2003 Released: January 22, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to South Central Communications Corp. (``SCCC''), owner of an antenna structure with Antenna Structure Registration (``ASR'') number 1043695 in Sevierville, Tennessee, for willful and repeated violations of Sections 17.47(a)(2), 17.48(a), and 17.51 of the Commission's Rules. The noted violations involve SCCC's failure to maintain an automatic alarm system designed to detect any failure of its antenna structure lights and provide notification of such failure to the structure owner, failure to notify the Federal Aviation Administration (``FAA'') immediately of an obstruction lighting outage on its antenna structure, and failure to exhibit
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- FSS for this tower light outage and copies of logs and other records which indicate, among other things, when the alarm system generated an alert that the light was out, when the NOTAM was opened, when repairs were made, and when the NOTAM was closed. The documentation provided by Cingular Wireless indicates that Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, the Notice
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- David H. Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 17.51. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700018 (Enf. Bur., Tampa Office, released July 17, 2002). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a Notice to Airmen (``NOTAM''), a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). Section 312(f)(2) of
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- Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560017 (Enf. Bur., Kansas City Office, released July 24, 2002). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). Although VoiceStream argues that its tower lighting violations were neither willful nor repeated, it provides nothing to support its claim that the violations were not repeated. See 47 U.S.C. § 312(f)(2). Koke, Inc., 23 FCC 2d 191 (1970). See also Callais Cablevision, Inc., 17 FCC Rcd 22626, 22629
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- Calvary provided a copy of its contract with Edmiston Tower, Inc., entered into after the NOV, to paint antenna structure #1025371. On July 25, 2002, the Philadelphia Office issued a NAL for a forfeiture in the amount of $15,000 to Calvary. The NAL alleged willful and repeated violation of Sections 17.4(g) (failure to post the ASR number at tower #1025371), 17.48(a) (failure to report known lighting outage to the Federal Aviation Administration at tower #1025371), 17.50 (failure to adequately paint antenna structure at tower #1025371) and 17.51(a) (failure to exhibit all red obstruction lighting between sunset and sunrise at tower #1025371) of the Rules. In its response, filed July 19, 2002, Calvary denies violating Section 17.48(a) of the Rules. Calvary admits
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- 2003 Released: October 15, 2003 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a fifteen thousand dollar ($15,000) Notice of Apparent Liability for Forfeiture (``NAL'') issued to Nextmedia Operating, Inc. (``Nextmedia''), licensee of AM broadcast Station WJET and owner of antenna structure number 1027118 in Erie, Pennsylvania, for willful violation of Sections 17.47(a)(1), 17.48(a), and 17.51(a) of the Commission's Rules (``Rules''). The alleged violations involve Nextmedia's failure to make an observation of the antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunset to sunrise. Based on our review of Nextmedia's response
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- U.S.C. § 503(b)(2)(D). See, e.g., Notice of Violation, EB-02-DL-075 (Enf. Bur., Dallas, Texas Office, April 2, 2002) (notifying Concho that it violated 47 C.F.R. § 1.903(a) by operating from an unauthorized site from November 1, 2001 through March 15, 2002); Notice of Violation, EB-01-DL-126 (Enf. Bur., Dallas, Texas Office, January 16, 2001) (notifying Concho that it violated 47 C.F.R. § 17.48(a) by failing to provide FAA notice of a lighting outage); Notice of Violation, EB-00-DL-347 (Enf. Bur., Dallas, Texas Office, December 11, 2000) (notifying Concho that it violated 47 C.F.R. §§ 17.6(a) and 17.50 by failing to paint its antenna structure in accordance with ASR specifications) Cf. CCN, Inc., et al., Order to Show Cause, 13 FCC Rcd 13599 (1998) (revoking
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- lacks the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing. The OSC specified the following issues: to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license should
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- H. Solomon Chief, Enforcement Bureau 47 C.F.R. § 17.51(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232480029 (Enf. Bur., Atlanta Office, released September 30, 2002). ``Trouble Ticket History'' for ``ASR #1216312'', by Flash Technology, submitted with Signal's reply to the NAL. Statement by Signal in response to the NAL. Signal's statement is provided to demonstrate its compliance with Section 17.48 of the Rules, 47 C.F.R. § 17.48. That rule requires a report to the FAA of certain lighting outages if the outage is not corrected within 30 minutes. However, Signal's compliance with that rule is not before us as Signal was not cited for a violation of Section 17.48 of the Rules. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80.
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- Chief, Enforcement Bureau 47 C.F.R. §§ 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332700010 (Enf. Bur., Tampa Office, released December 2, 2002). Antenna Structure Registration number 1062835, located at 29º 16' 0.9'' North Latitude, 081º 04' 53'' West Longitude. The four antenna structures that comprise the directional AM array are required to be individually lighted. 47 C.F.R. § 17.48(a) requires the tower owner to immediately inform the FAA of any light failure not repaired within 30 minutes. In its January 2, 2003 response, Wings admits that it had not notified the FAA as of October 1, 2002. The Commission's Antenna Structure Registration database lists Wings Communications, Inc. dba WELE Radio as the owner of the instant antenna structure, registration
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- the company hired by PCI to monitor remotely its antenna structure and notify the Federal Aviation Administration (``FAA'') of any outages, did not detect this outage. PCI contacted United Tower Inc. (``UTI'') in Wichita, Kansas and contracted with it to conduct repairs on the structure. The FAA was not notified of the lighting outage on the structure consistent with Section 17.48(a) of the Rules. On December 3, 2002, a Commission agent from the Kansas City Office inspected PCI's antenna structure and observed that there was no lighting between the 1/2 overall height level and the top most flashing beacon and that a beacon at the 1/3 overall height level was lighted but not flashing. After being so informed by the agent,
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- § 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(D). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). 47 C.F.R. § 17.47. See Professional Communications, Inc., DA 04-1600, EB-02-KC-806 (Enf. Bur. 2004). See Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871 (2002). Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures
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- reaches its greatest height, the construction project manager must again obtain confirmation from the FCC Specialist confirming that all construction obligations have been satisfied. 3. Monitoring of Lighting and Signage: Responsibility for monitoring lighting and signage on Unocal towers is vested with the FCC Specialists, although such responsibility may be delegated to third party contractors. Pursuant to 47 C.F.R § 17.48, when a lighting outage is detected, a Notice to Airman (``NOTAM'') will be requested from the FAA if the outage cannot be corrected within 30 minutes. Failure of remote monitoring equipment or other communications failure will not relieve Unocal of its responsibility for compliance with FCC regulations. Unocal will provide the FAA with the information necessary to conduct a thorough
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- 200332400006 FRN 0004-9241-06 FORFEITURE ORDER Adopted: September 29, 2004 Released: October 1, 2004 By the Assistant Chief, Enforcement Bureau: INtroduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Urban Radio of Pennsylvania, L.L.C. (``Urban Radio''), licensee of Station WURP, Philadelphia, Pennsylvania, for willful and repeated violation of Sections 17.47(a), 17.48(a) and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve Urban Radio's failure to exhibit red obstruction lighting on its antenna structure, failure to make observations of the obstruction lighting once every 24 hours and failure to notify the Federal Aviation Administration of an obstruction lighting outage. On January 6, 2003, the Commission's Philadelphia, Pennsylvania District Office (``Philadelphia Office'')
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- 17 FCC Rcd 21866, 21875-76 (2002). We note that while the violation continued for several days, Mr. Estrada admittedly failed to properly respond to the known outage by taking the necessary steps to inform the FAA of the outage until after being notified of that responsibility by one of the investigating agents on December 16, 2002. See 47 C.F.R. § 17.48 (requiring a tower owner to notify FAA of any outage not repaired within thirty minutes of discovery). Further, at the time of our agents' inspection of the tower, they did not observe evidence that corrective measures were underway. Id. at 21870-71(finding that a downward adjustment was not warranted on the grounds that there was no indication that the unpainted antenna
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- 2, 2004 Released: December 6, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to WLTH Radio, Inc. (``WLTH''), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration (``FAA'') of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. On December 23, 2003, the District Director of the Commission's Chicago, Illinois, Field Office
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- 2, 2004 By the Chief, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture issued in the amount of thirteen thousand dollars ($13,000) to CenturyTel Wireless of Michigan RSA #1&2, Inc. (``CenturyTel'') for its apparent willful and repeated violation of Section 303(q) of the Communications Act of 1934 as amended (``Act''), and of Sections 17.48(a) and 17.51(b) of the Commission's Rules (``Rules''). The alleged violations involve CenturyTel's failure to exhibit top obstruction lighting on a tower and to report an outage of obstruction lighting to the nearest Flight Service Station or office of the Federal Aviation Administration. Based on our review of CenturyTel's response to the NAL, we conclude that CenturyTel did not willfully and/or
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- this Order shall be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 17.21(a), 17.57 and 73.49. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). Section 17.48(a) of the Rules, 47 C.F.R. § 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues a ``NOTAM'' concerning the outage. According to records provided by Westshore, the most recent NOTAM was issued on May 8, 2002. 47 U.S.C.
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- of the Commission's concerns. The Bureau considered the factors enumerated in Section 503(b) and, because of Barinowski's good faith efforts, reduced the forfeiture amount. Moreover, we believe that Barinowski has misinterpreted our decisions in the Nextmedia, Pinnacle, and Midwest cases. In Nextmedia, the Commission's Buffalo, New York Office had issued a NAL to Nextmedia for its violation of Sections 17.47(a)(1). 17.48(a), and 17.51(a) of the Rules. The violations involved Nextmedia's failure to make an observation of its antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunrise to sunset. The Bureau cancelled the forfeiture because we specifically found that Nextmedia
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- Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure by Lotus
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- Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARB, Inc.''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, for willful and repeated violation of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules''). The noted violation involves failure by ARB, Inc. to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident
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- Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to El Dorado 900, LLC (``El Dorado'') owner of antenna structures #1041256 and #1041257 in the City of Industry, California, for willfully and repeatedly violating Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules"). The noted violations include failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and failing to comply with the Commission's registration requirements for antenna structure #1041256. 2. On February 9, 2006, the District Director of the Enforcement Bureau's Los Angeles Office issued a Notice of
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- August 30, 2005, by Lotus Communications Corporation (``Lotus'') registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND On March 22, 2004, the Los Angeles Police Department
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- NW, Suite 301, Washington, DC 20016. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. § 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632640004 (Enf. Bur., Norfolk Office, November 23, 2005) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 C.F.R. § 17.51. See 47 C.F.R. § 17.48. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission
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- 2006 Released: December 22, 2006 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Communications Relay Corporation (``CRC''), for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules"). On January 19, 2006, the Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $13,000 to CRC after determining that CRC apparently willfully and repeatedly failed to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- the petition for reconsideration filed by WLTH Radio, Inc. (``WLTH''), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures. WLTH seeks reconsideration of a Forfeiture Order issued by the Enforcement Bureau (``Bureau'') on December 16, 2004, in the amount of sixteen thousand dollars ($16,000) to WLTH, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration (``FAA'') of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. For the reasons discussed below, we reduce the forfeiture amount to four thousand dollars
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- a registrant is expected to correct errors when they are brought to the entity's attention and that such correction is not grounds for a downward adjustment in a forfeiture. Finally, we note that Entravision does not dispute the fact that it failed to notify the FAA's Riverside FSS of the light outage on antenna structure #1015656, as required by Section 17.48 of the Rules. This failure on Entravision's part required the San Diego Office to request the Riverside FSS to issue a 15 day NOTAM. Additionally, Entravision does not dispute and, in fact acknowledges in its Response, that for at least the middle part of March 2006, no daily observations were made by Entravision staff, as required by Section 17.47(a) of
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- done to replace the tower light monitoring system. Multicultural also notes that Section 17.56 of the Rules states that replacing or repairing lights shall be accomplished ``as soon as practicable'' and that antenna structure #1013937 is located in a remote area. Multicultural acknowledges, however, that it failed to notify the FAA of the tower light outage as required by Section 17.48 of the Rules. Reductions based on good faith efforts to comply generally involve situations where violators demonstrate that they initiated measures to correct or remedy violations prior to a Commission inspection or investigation. While Multicultural has produced evidence that both its tower light monitoring system and the extinguished light itself have been repaired, it has produced no evidence that Multicultural
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- 4-5. Antenna structure owners ``shall 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.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. ATC Supplement at 5. Optasite Waiver Request at 2. Id. Id. at 2-3. ATC/GSI Waiver Order, 22 FCC Rcd at 9747, 9748, ¶¶ 11, 17. Petition for Rulemaking, RM-11349, In the Matter of Amendments to Modernize and Clarify Part 17 of the Commission's Rules Concerning Construction, Marking and Lighting of Antenna
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- 1-2. Antenna structure owners ``shall 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.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. Crown Castle Waiver Request, Exhibit A at 3. Id. at 3-4. Id. at 4. Crown Castle Waiver Request at 5. Id. at 4. Crown Castle Waiver Request, Exhibit A at 4. Crown Castle Waiver Request at 2-3. Id. at 3. Id. ATC/GSI Waiver Order, 22 FCC Rcd at 9747, 9748, ¶¶
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- Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Western Slope Communications, LLC, (``Western Slope'') owner of antenna structure number 1023390, near Rifle, Colorado, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On December 7, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Western Slope in the amount of $13,000 after determining that Western Slope apparently repeatedly failed to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- 4. Antenna structure owners ``shall 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.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. Global Tower Waiver Request, Exhibit A at 4. Global Tower Waiver Request at 8. Global Tower Waiver Request, Exhibit A at 4-5. Global Tower Waiver Request at 7. Id. Global Tower Waiver Request, Exhibit A at 5. Id; Global Tower Supplement at 5. Global Tower Waiver Request at 8. Id. Id.
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Western Slope Communications, LLC, (``Western Slope'') registrant of antenna structure number 1023390, near Rifle, Colorado. The Consent Decree terminates an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). The Bureau and Western Slope have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and
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- Commission (the ``FCC'' or ``Commission'') and Western Slope Communications, LLC, (``Western Slope'') owner of antenna structure number 1023390, near Rifle, Colorado, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, Title 47 of the United States Code. ``Adopting Order'' means an order of the Bureau adopting the terms and conditions of this Consent Decree. ``Bureau'' means the Commission's Enforcement Bureau. ``Commission'' or
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- ) ) ) File Number EB-06-BF-024 NAL/Acct. No. 200732280002 FRN 0006161855 FORFEITURE ORDER Adopted: February 20, 2008 Released: February 21, 2008 By the Acting Regional Director, Northeast Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Forever of PA, Inc. (``Forever'') for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. BACKGROUND On February 22, 2007, the Commission's Buffalo Field Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Forever for failure to properly maintain the top red
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- not issue a NOTAM at that time, because the agents were not the owner of the structure. Local sunset on this date was 5:30 PM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620002 (Enf. Bur., New Orleans Office, April 6, 2007) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(E). 47 C.F.R. § 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. § 17.48. As provided by 47 U.S.C. § 312(f)(2), a continuous violation is ``repeated'' if it continues for more than one day. The Conference Report for Section
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- Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Pembrook Pines Elmira, Ltd. (``Pembrook''), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules (``Rules'') by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. II. BACKGROUND On January 12, 2007, the Buffalo Field Office issued a Notice of
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- Corporation (``CRC''), registrant of antenna structure #1019247, in Claremont, California. CRC seeks reconsideration of the Forfeiture Order, issued by the Western Region, Enforcement Bureau (``Region''), in which CRC was found liable for a monetary forfeiture in the amount of $13,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Commission's Rules ("Rules"). For the reasons discussed below, we deny CRC's Petition. II. BACKGROUND According to the Commission's ASR database, antenna structure #1019247 is required to have painting and lighting in accordance with Chapters 3, 4, 5 and 13 of FAA Circular 70/7460-1J. Specifically, the structure is required to be painted and have obstruction lighting
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- By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Threshold Communications ("Threshold"), owner of antenna structure #1015782, near Waterford, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), and 17.48 of the Commission's Rules ("Rules"). On September 28, 2007, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 to Threshold for failing to exhibit the structure's red obstruction lighting from sunset to sunrise; by failing to make observation of the antenna structure's lights at least once each 24 hours
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- of an antenna structure is required to ``report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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.'' 47 C.F.R. § 17.48. See e.g., Syntax-Brillian Corporation, Forfeiture Order and Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 6323 (2008); AT&T Wireless Services, Inc., Forfeiture Order, 17 FCC Rcd 21866 (2002); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994). 47 U.S.C. § 503(b); 47 C.F.R. §§§ 0.111, 0.311, 1.80(f)(4), 17.51(b), 17.57. 47 U.S.C. § 504(a). Federal Communications Commission DA 09-1184
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- Order, 20 FCC Rcd 19051, 19053. (2005). See Forfeiture Policy Statement, 12 FCC Rcd at 17104-05 ¶ 39. See 47 U.S.C. § 307(a). See Forfeiture Policy Statement, 12 FCC Rcd at 17104-05. Statement at 4. Urban Radio of Pennsylvania, L.L.C., Forfeiture Order, 19 FCC Rcd 19467 (EB 2004) (issuing $12,000 forfeiture order for willful and repeated violations of Sections 17.47(a), 17.48(a) and 17.51(a) of the Rules by failing to exhibit red obstruction lighting on its antenna structure, failing to make observation of the obstruction lighting once every 24 hours and failing to notify the Federal Aviation Administration of an obstruction lighting outage). Findings of violations, or apparent violations, by parent, sister or commonly controlled companies are imputed to, and also negate
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- 3. Antenna structure owners ``shall 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.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. TowerSentry Waiver Request at 3-4. Id. at 4; TowerSentry Supplement I at 2. TowerSentry Supplement I at 2. Id. TowerSentry Waiver Request at 4. Id. Id. TowerSentry Supplement I at 1; TowerSentry Supplement II at 3. TowerSentry Waiver Request at 5-6. TowerSentry Waiver Request, Exhibit 1 at 2. Id. at 5.
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- 3. 19Antenna structure owners "shall 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." 47 C.F.R. § 17.48(a). SeeFAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. 10276 Federal Communications Commission DA-09-1763 of the attendant. Additionally, all telephone conversations are recorded with a time/date stamp and archived.20 (2) 24-hour polling. The TSMS are programmed to automatically send a Daily Test Signal every 24 hours. This event is in addition to tower event signals that are generated at different times
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- 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038 (MB 2002). Forfeiture Order, 18 FCC Rcd 21375 (EB 2003). See 47 C.F.R. § 17.48 (owners shall report immediately to the FAA any observed or known extinguishment or improper functioning of any top steady burning light not corrected within 30 minutes). See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where it represented approximately 2.02 percent of the violator's gross revenues); Local Long Distance, Inc., 16 FCC Rcd
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- By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand ($11,000) to Ely Radio LLC, (``Ely'') owner of antenna structure number 1005854, in Winnemucca, Nevada, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On October 31, 2008, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Ely in the amount of $13,000 after determining that Ely apparently repeatedly failed to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure number
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- § 0.283. See 47 C.F.R. § 73.3539. 47 C.F.R. § 73.3539(a). See 47 C.F.R. §§ 73.1020, 73.3539(a). Schademann Objection at 1. Id.; see 47 C.F.R. §§ 11.35 (describing requirements for operational readiness of EAS equipment) and 73.1820(a)(1)(iii) (describing requirement to maintain a log of each test and activation of the EAS system). Schademann Objection at 2; see 47 C.F.R. § 17.48 (describing requirements to notify the Federal Aviation Administration of any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R. § 73.3580(d) (describing requirements to broadcast pre-filing and post-filing announcements of a broadcast station's license renewal application). The Schademann Objection claims that the Station failed to maintain a file of listener complaints. Schademann Objection
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- 7. Antenna structure owners ``shall 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.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. Id. at 8. Id. Id. at 9-10. Id. at 9. Id. at 8-9; Insite and TowerCo Supplement at 1. Insite and TowerCo Supplement at 1. Insite and TowerCo Waiver Request at 7. Id. Id. Insite and TowerCo Supplement at 1. Id. Insite and TowerCo Waiver Request at 7. Insite and TowerCo
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- 7. 19Antenna structure owners "shall 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." 47 C.F.R. § 17.48(a). SeeFAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. 20Id. at 8. 14544 Federal Communications Commission DA-10-2006 from a failure is tracked, extended, or cancelled as needed depending on the repair process.21All alarms, operator responses, andnotes are captured and archived by the RMS System and maintained for at least one year.22 (2) 24-hour polling. The RMS System performs a daily communications
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- 16, 2010 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau (``Houston
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- the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. (``KFW''), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules (``Rules''). The noted violations involve KFW's failure to install operational Emergency Alert System (``EAS'') equipment, failure to display the Antenna Structure Registration (``ASR'') number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage,
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- FS allocations were previously deleted. 11.975-12.05 12.050-12.1 1 IG 12.0514 WPPF772 FXO (9 units) 2.8 kHz 13.57-13.6 1 MC 13.585, 13.5864 WGM FC 13.8-13.87 13.865, 13.8664 15.6-15.8 64 IG, 1 PW IG and PW call signs by station class: 43 FX, 6 FX1, 3 FXC, 6 FXI, 9 FXO, 5 FXOT, 3 FB, 1 FBI, 20 MO, and 2 MOI 17.48-17.55 0 Non-Federal FS allocation was previously deleted. 18.9-19.02 1 MC 18.9105 & 18.9114 WGM FC 2.8 kHz Table A2: 7 MHz Realignment International Table United States Table FCC Rule Part(s) Region 1 Table Region 2 Table Region 3 Table Federal Table Non-Federal Table 6.765-7 FIXED MOBILE except aeronautical mobile (R) 5.138 6.765-7 FIXED US22 MOBILE except aeronautical mobile (R) 5.138
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- Aviation Administration (``FAA'') issued a Notice to Airmen regarding antenna structure number 1048971. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540001 (Enf. Bur., Houston Office, October 8, 2009) (``NAL''). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(E). 47 C.F.R. § 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. § 17.48 (requiring immediate notification to the FAA of any top steady or flashing obstruction lighting outage not repairable within 30 minutes). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'willful', when used with reference to the commission or omission of any
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- EB-10-HU-0002 NAL/Acct. No: 201132540001 FRN: 0019691591 ORDER Adopted: July 26, 2011 Released: July 26, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Order (``Order''), we determine that no forfeiture penalty should be imposed on RAMCO Broadband Services (``RAMCO''). In the Notice of Apparent Liability for Forfeiture (``NAL''), we found RAMCO apparently liable for violating sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's rules (``Rules''). Consistent with section 503(b)(4) of the Communications Act of 1934, as amended, RAMCO was granted an opportunity to show, in writing, why no such forfeiture should be imposed. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna structure
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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 31, 2011 Released: September 1, 2011 By the District Director, Columbia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Washington Gas Light (``Washington Gas''), owner of antenna structure registration (``ASR'') number 1035329 in Prince Frederick, Maryland, apparently willfully and repeatedly violated sections 17.51(a), 17.48, and 17.57 of the Commission's rules (``Rules'') by failing to: (1) exhibit all red obstruction lighting from sunset to sunrise; (2) immediately notify the Federal Aviation Administration (``FAA'') of a known extinguishment of any flashing obstruction lighting; and (3) immediately notify the Commission upon a change in ownership information. We conclude that Washington Gas is apparently liable for a forfeiture
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- 2011 Released: September 12, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. (``Taylor''), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules (``Rules'') and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND On September 25, 2008, in response to a complaint alleging violations concerning antenna
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- Enf. Bur. 2011). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated herein by reference. The Tower is 134.1 meters above ground in height and is required to be painted and lit. See Antenna Structure Registration Database, Registration Number 1058250. NAL at 5144-5145. Id. See also 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to James D. Wells, District Director, Dallas Office, dated June 3, 2011 (``NAL Response''). Karen
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- issued a Notice to Airmen regarding the light outage on the Antenna Structure on March 23, 2011. Local sunset time was approximately 6:15 P.M. on April 12, 2011. On April 22, 2011, an agent from the Norfolk Office confirmed with the FAA that East Carolina did notify the FAA of the outage on April 20, 2011. See 47 C.F.R. § 17.48 (requiring antenna structure owners to notify the FAA immediately of any known or observed lighting outage lasting more than 30 minutes). See 47 C.F.R. § 17.49 (requiring antenna structure owners to maintain a record of any known extinguishment or improper functioning of a structure light). See 47 C.F.R. § 17.47(b) (requiring antenna structure owners to inspect at intervals not to
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- 2011 Released: November 18, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Timothy J. Mullen (``Mullen''), registrant of antenna structure #1016437 in Cawelo, California, apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended, (``Act'') and sections 17.51(a), 17.48, and 17.57 of the Commission's rules (``Rules'') by failing to: (1) exhibit the antenna structure's red obstruction lighting from sunset to sunrise; (2) immediately notify the Federal Aviation Administration (FAA) of a known extinguishment of any flashing obstruction light; and (3) notify the Commission of the structure's ownership change. We conclude that Mullen is apparently liable for a forfeiture in
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- 405 of the Communications Act of 1934, as amended (``Act''), and section 1.106 of the Commission's rules (``Rules''), we deny in part and grant in part a Petition for Reconsideration (``Petition'') filed by Forever of PA, Inc. (``Forever''). The Petition seeks reconsideration of a Forfeiture Order that imposed a monetary forfeiture of $10,000 against Forever for willfully violating sections 17.47, 17.48, and 17.51(a) of the Rules by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. For the reasons set forth below, we grant in part and deny in part the Petition and reduce the forfeiture to $8,000. background Forever is the registrant of antenna structure # 1027115 (the ``Antenna Structure''), and
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- 806 259 Van Buren Township OH1170 26.56 689 183 Washington Township (Darke County) OH2376 OH2377 41.82 495 207 CSR 8536-E Communities CUIDs CPR* 2010 Census Households Estimated DBS Subscribers Village of Cherry Fork OH2446 18.75 64 12 Colerain Township OH0733 24.58 22,543 5,541 Fairfield Township OH0634 28.66 7,387 2,117 Village of Fayetteville OH1493 18.75 128 24 Village of Greenhills OH0712 17.48 1,499 262 Village of Milville OH0834 24.91 269 67 Village of Mount Orab OH2808 48.52 1,381 670 Pleasant Township (Brown County) OH2949 15.70 2,249 353 Village of Seaman OH1068 23.40 47 11 Village of St. Martin OH1531 15.03 366 55 Village of Winchester OH1069 21.67 420 91 *CPR = Percent of competitive DBS penetration rate. See 47 U.S.C. § 543(l)(1)(B).
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- In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to International Church of the Foursquare Gospel DBA Radio Station KFSG FM (``Foursquare Gospel''), registrant of antenna structure #1012525 in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.6, 17.47(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve Foursquare Gospel's failure to exhibit the structure's red obstruction lighting from sunset to sunrise; failure to maintain the antenna structure painting and lighting in accordance with its Antenna Structure Registration (``ASR''); failure to monitor the antenna structure's lights using a properly maintained indicator and/or automatic alarm system designed to
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to KFW Communications LLC at P.O. Box 479, Bedford, TX 76021. FEDERAL COMMUNICATIONS COMMISSION Robert C McKinney District Director Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. § 17.47. See infra ¶ 7. See 47 C.F.R. § 17.48 (requiring notification to the FAA of any observed or otherwise known extinguishment or improper functioning of tower lighting). See Letter from Robert C. McKinney, District Director, Kansas City Office, to KFW Communications, dated June 3, 2010. See Letter from Charles Wesley, Technical Support, KFW, to Robert C. McKinney, District Director, Kansas City Office, dated June 18, 2010 (``First LOI Response'');
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- of the structure in the Antenna Structure Registration (``ASR'') database. See also Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas Office, dated October 15, 2010. Ms. McMillan admitted that Andrews Tower Rental Inc. appeared to still own the tower. 4 See Antenna Structure Registration Database, Registration Number 1058250. See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on July 8, 2010, at the agent's request. On July 8, 2010, Andrews Tower's owner responded to the voice message stating
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- this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Miller Communications, LLC, ATTN: Jim Miller, 14 Polkville Rd, Columbia, NJ 07832. FEDERAL COMMUNICATIONS COMMISSION Douglas Miller District Director, Atlanta Office South Central Region Enforcement Bureau 47 U.S.C. § 303(q). 47 C.F.R. §§ 17.47(a), 17.51(a). See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on December 9, 2010, at the agent's request. Miller was first contacted on December 9, 2010 about the Tower, but denied
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- FRN: 0019691591 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 13, 2011 Released: January 13, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that RAMCO Broadband Services (``RAMCO''), owner of antenna structure number 1045666, in Yorktown, Texas, apparently willfully and repeatedly violated sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's Rules (``Rules'') by failing to: (1) display the Antenna Structure Registration Number (``ASRN'') in a conspicuous place so that it is readily visible near the base of the antenna structure; (2) notify the Federal Aviation Administration (``FAA'') immediately of a known extinguishment of any flashing obstruction lighting; (3) exhibit all red obstruction lighting from
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- Central Region, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Big Fish Broadcasting, LLC (``Big Fish''), former owner of antenna structure number 1044859 in Chappells, SC and owner of antenna structure number 1066000 in Greenwood, SC, for willful and repeated violation of sections 17.51(a) and 17.48 of the Commission's rules (``Rules''). The noted violations involve Big Fish's failure to: (1) exhibit the structures' red obstruction lighting from sunset to sunrise; and (2) notify the Federal Aviation Administration (``FAA'') immediately of lighting outages. II. BACKGROUND Antenna structure number 1044859 is an antenna tower of 129 meters (approximately 423 feet) in height above ground. Antenna structure number 1066000
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- West Jarvis Avenue, Skokie, Illinois 60076, and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850 M Street NW, Suite 240, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Ronald D. Ramage District Director, Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. §§ 11.35, 17.51, 73.3526. 47 U.S.C. § 303(q). 47 C.F.R. § 73.1560(b). See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM for the antenna structure on January 28, 2011, at the agent's request. KM Radio acquired both stations in 2003. See File
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- Central Region Enforcement Bureau 47 U.S.C. § 303(q). 47 C.F.R. § 17.51(a). On May 31, 2011, the agent also contacted the Federal Aviation Administration (FAA) and learned no one had contacted the FAA about a light outage on the Antenna Structure and that a Notice to Airmen (NOTAM) had not been issued for the Antenna Structure. See 47 C.F.R. § 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). A NOTAM for the Antenna Structure was issued June 1, 2011 after Telava contacted the FAA. Letter from Douglas G. Miller, District Director, Atlanta Office, to
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- to: (1) notify the Commission immediately of a change in antenna structure ownership; (2) exhibit required obstruction lighting from sunset to sunrise on two antenna structures; (3) notify the Federal Aviation Administration (FAA) immediately of the lighting outages; and (4) maintain the required paint on the Antenna Structures, in violation of Section 303(q) of the Act and Sections 17.57, 17.51, 17.48, and 17.50 of the Commission's rules (Rules), respectively. North Chapel should take immediate steps to come into compliance and to avoid any recurrence of this misconduct, including maintaining current contact information in the Antenna Structure Registration (ASR) database, repainting the Antenna Structures, repairing the Antenna Structure lighting, and notifying the FAA of the lighting outages until they are repaired. As
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- 2012 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that James A. Davis, owner of antenna structure number 1214169 (the Antenna Structure), in Hearne, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules (Rules) by failing to: (1) notify immediately the Federal Aviation Administration (FAA) of an antenna structure light outage; (2) clean or repaint his antenna structure as often as necessary to maintain good visibility; (3) exhibit red obstruction lighting from sunset until sunrise; and (4) notify the Commission of a change in ownership
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- Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. § 17.51(a). A Notice to Airmen (NOTAM) had been issued for the Antenna Structure but the FAA had issued it internally, without notification by Martin Broadcasting. See 47 C.F.R. § 17.48 (requiring antenna structure owners to notify the FAA immediately of certain known lighting outages). See 47 C.F.R. § 17.47 (requiring antenna structure owners to observe required lighting once every 24 hours or to install an automatic alarm system). 47 U.S.C. § 503(b). 47 U.S.C. § 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (``This provision [inserted in
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- South Central Region, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Tama Broadcasting Group of South Carolina, L.L.C. (Tama). The Consent Decree settles an investigation regarding Tama's possible violation of Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.48 and 17.51 of the Commission's rules (Rules) in connection with the required obstruction lighting on its antenna structures. The Bureau and Tama have negotiated the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
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- Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Debut Broadcasting Mississippi, Inc. (Debut Broadcasting), licensee of Station WNLA-AM and owner of antenna structure number 1042309 (the Antenna Structure) in Indianola, Mississippi, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act) and Sections 17.48, 17.51, and 73.1745 of the Commission's rules (Rules) by failing to: (1) notify the Federal Aviation Administration (FAA) immediately of a known lighting outage; (2) exhibit required antenna structure lighting; and (3) operate its station within authorized power limitations. We conclude that Debut Broadcasting is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). In addition,
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- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52,11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(l), 73.1560(b), 73.1590(a)(l), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47 American
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- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52,11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(l), 73.1560(b), 73.1590(a)(l), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47 American
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- North Canton, Ohio ) ) File No. EB-99-DT-044 NAL/Acct. No. X3236-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 12, 2000 By the Enforcement Bureau, Detroit Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Stan Norman has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended, and Sections 17.4(a), 17.48(a) and 17.50 of the Commission's Rules (the ``Rules'') for failure to register his radio tower (``tower'') with the Commission, failure to notify the FAA that the lights on the tower were not functioning properly, and failure to repaint the tower in order to maintain good aeronautical visibility. We conclude that Mr. Norman is apparently liable for a forfeiture in the
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- A, please contact OCBO at (202) 418-0990. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Jorge L Estrada., Calle 5D1, Alturas de Flamboyan, Bayamon, Puerto Rico 00959. FEDERAL COMMUNICATIONS COMMISSION William Berry San Juan Office, Enforcement Bureau 47 C.F.R. § 17.51. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Receipt Requested to M/A Com Private Radio Systems, Inc., 3315 Old Forest Road, Lynchburg, VA 24501. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau Attachment. 47 C.F.R. § 17.51. Registered antenna structure owners must notify the FAA of any known improper functioning of any top light or any flashing obstruction light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Receipt Requested to M/A Com Private Radio Systems, Inc., 3315 Old Forest Road, Lynchburg, VA 24501. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau Attachment. 47 C.F.R. § 17.51. Registered antenna structure owners must notify the FAA of any known improper functioning of any top light or any flashing obstruction light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 311 112th Avenue Northeast, St. Petersburg, FL 33716. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director Tampa Office, Enforcement Bureau Attachment 47 C.F.R. §§ 17.51, 17.57, and 73.49. The owner of any registered antenna structure with assigned lighting must report immediately to the FAA any known improper functioning of any top light or flashing obstruction light. See 47 C.F.R. § 17.48(a). The owner of any registered antenna structure with assigned lighting must maintain a record of any known improper functioning of lights and of any FAA notifications. See 47 C.F.R. § 17.49. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful',
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- Receipt Requested to Wings Communications, Inc. DBA WELE Radio, 432 S. Nova Road, Ormond Beach, Florida, 32174. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau Attachment 47 C.F.R. § 17.51. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Steven D. Semon and Jackie L. Semon dba Sedalia Smiles, 720 W. Fifth St., Sedalia, MO. 65301. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director Kansas City Office Enforcement Bureau Attachment 47 C.F.R. § 17.51(b). Owners of registered antenna structures must immediately notify the FAA of any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- City Office, Enforcement Bureau Attachment 47 C.F.R. § 17.51(a). Owners of registered antenna structures with assigned lighting must monitor the structure's lights to ensure they operate properly. See 47 C.F.R. § 17.47. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) 47 C.F.R. § 17.51(a). The owner of any registered antenna structure with assigned lighting specifications must report immediately to the nearest FAA Flight Service Station of the FAA any known improper functioning of any top or flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The owner of any registered antenna structure with assigned lighting specifications must maintain a record of any known improper functioning of a structure light. See 47 C.F.R. § 17.49. See 47 C.F.R. § 17.47. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that
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- and Certified Mail Return Receipt Requested to Barnacle Broadcasting Company Ltd., 3 Yonah Drive, Atlanta, Georgia, 30309. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce Atlanta Office, Enforcement Bureau Attachment 47 C.F.R. § 17.51. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). The owner of any registered antenna structure that has assigned lighting specifications shall make an observation of the structure's lights at least once each 24 hours or provide an automatic alarm system. See 47 C.F.R. § 17.47(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the
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- TN 37371. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau 47 C.F.R. § 17.51(b). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Office Enforcement Bureau Attachment 47 C.F.R. § 17.51(a). It was also observed that during daylight hours (6:00 PM on August 28, 2002), the paint was very faded and high intensity lighting was being used. High intensity lighting is not prescribed in paragraphs 1, 3, 11 and 21 of FCC Form 715/715A. See 47 C.F.R. § 17.47(a). See 47 C.F.R. § 17.48(a). Since no report had been received, the FCC agents submitted a report to the FAA so that a Notice to Airmen (``NOTAM'') could be issued warning aircraft of this hazardous condition. See 47 C.F.R. § 17.6(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are accessed under Section 503(b) of the Act,
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- Washington ) FRN: 0004-5240-96 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 08, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that CenturyTel Wireless of Michigan RSA #1&2, Inc. (``CenturyTel''), has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended, and Sections 17.48(a) and 17.51(b) of the Commission's Rules (the ``Rules'') by failing to exhibit top obstruction lighting on their tower, and failing to report it's outage to the nearest Flight Service Station or office of the Federal Aviation Administration (``FAA''). We conclude that CenturyTel is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND On July
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- PA 15317. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau 47 C.F.R. § 17.51(b). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- by regular mail and Certified Mail, Return Receipt Requested, to MCC Georgia LLC, 100 Crystal Run Road, Middletown, NY 10941. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director 47 C.F.R. § 17.51. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). See 47 C.F.R. § 17.47. The 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.'' 47 U.S.C. § 312(f)(2). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to
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- Pennsylvania, L.L.C. ) Radio Station WURP ) NAL/Acct. No. 200332400006 Philadelphia, Pennsylvania ) ) FRN: 0004-9241-06 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Urban Radio of Pennsylvania, L.L.C. (``Urban'') has apparently violated Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Commission's Rules (the ``Rules''). These violations occurred because Urban failed to exhibit all red obstruction lighting on its antenna structure, failed to make observations of the obstruction lighting once every 24 hours and failed to notify the Federal Aviation Administration ("FAA") of an obstruction light outage. We conclude that Urban is apparently liable for a forfeiture
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- the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that El Dorado 900, LLC, (``El Dorado'') the owner of Antenna Structure Registration # 1041257, in City of Industry, California has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 17.23, 17.47(a), 17.48(a), 17.56 and 17.57 of the Commission's Rules by: (1) not maintaining required lighting on the antenna structure; (2) not making an observation of the antenna structures' 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; (3) failing to notify the FAA of any observed
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- 900 East Tower, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office Attachment A 47 C.F.R. §§ 17.4(a) and 17.51. See 47 C.F.R. § 17.7(a). Antenna structure owners must immediately notify the FAA of any known improper functioning of antenna structure top or flashing lights that cannot be corrected within 30 minutes. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 312(f)(1), which applies equally to Section 503(b) of the Act, provides that ``[t]he term `willful,' when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Road, Suite 100A, Dallas, Texas 75252. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director, Kansas City Office, Enforcement Bureau 47 C.F.R. § 17.51(b). The owner of a registered antenna structure must report immediately to the nearest FAA FSS any known improper functioning of any top light or flashing light that cannot be corrected within 30 minutes. See 47 C.F.R. § 17.48(a). See 47 C.F.R. § 17.48. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any
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- FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Wichita SMSA Tower Holdings, LLC 17330 Preston Road, Suite 100A, Dallas, TX 75252. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director, Kansas City Office Enforcement Bureau 47 C.F.R. § 17.51(b). See 47 C.F.R. § 17.6(a). See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- to United States Cellular Corporation at 8410 West Bryn Mawr Ave Suite #700, Chicago, Illinois 60631. An additional copy shall be sent to Peter M. Connolly, Esq. at 2099 Pennsylvania Avenue Suite 100, Washington, DC 20006. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director - Kansas City Office, Enforcement Bureau 47 C.F.R §§ 17.21 and 17.45. See 47 C.F.R. § 17.48(a) Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- to properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner. Antenna structure owners are also required, pursuant to Section 17.56 of the Rules, to maintain lighting equipment and replace or repair inoperative lights, indicators and control and alarm systems as soon as practicable. Additionally, Section 17.48(a) requires antenna structure owners to immediately notify the FAA of 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. The FAA then issues a Notice to Airmen (``NOTAM'') for a period of 15 days advising aircraft
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- Winston-Salem NC 27116-1197 Media Broadcasting Corporation POB 11197 Winston-Salem NC 27116-1197 47 C.F.R. §§ 17.4(g) and 17.51. Antenna structure owners are required to report immediately to the nearest FAA Flight Service Station any known extinguishment or malfunction of any top steady burning light or any flashing obstruction light if the problem cannot be corrected within 30 minutes. 47 C.F.R. § 17.48. Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which applies equally to 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.'' Section
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- 47 C.F.R. § 17.51. WPGS, Inc. is licensee of radio station WPGS (AM) as well as owner of the antenna structure used by the radio station. Antenna structure owners must notify the FAA of any observed or otherwise known extinguishment of any top steady burning light or any flashing obstruction light not corrected within 30 minutes, see 47 C.F.R. § 17.48(a), and must maintain a record of such information, see 47 C.F.R. § 17.49. The 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.'' 47 U.S.C. § 312(f)(2). Section 312(f)(1) of the
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- ) ) File Number EB-02-AT-232 NAL/Acct. No.200232480008 FRN 0002-9009-26 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 25, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that South Central Communications Corp. (``South Central''), owner of antenna structure no. 1043695 in Sevierville, Tennessee, willfully and repeatedly violated Sections 17.51, 17.23, 17.48(a), and 17.47(a)(2) of the Commission's Rules (``Rules''), by failing to exhibit the prescribed obstruction lighting, failing to conform to the prescribed painting and lighting specifications, failing to notify the Federal Aviation Administration (``FAA'') of the extinguishment of the structure lights, and failing to maintain an operating automatic alarm system to indicate when the structure lighting is not operating. We find
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- Tennessee 37411. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau 47 C.F.R. § 17.51(b). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney Kansas City Office, Enforcement Bureau 47 C.F.R. § 17.51(b). The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. § 17.48. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- WDWZ(AM) ) West Point, GA ) File Number EB-01-AT-0040 NAL/Acct. No. 20013248-0001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 16, 2001 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Zachery Broadcasting Company (``Zachery''), licensee of AM broadcast station WDWZ(AM), has apparently violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a), and 73.49 of the Commission's Rules. Specifically, Zachery failed to maintain emergency alert system (``EAS'') equipment, failed to maintain a public inspection file, failed to maintain the painting and lighting of the station's antenna structure, failed to report and record the outage of the station's antenna structure lights, failed to register the station's antenna structure and failed to
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- Two Rivers maintained a manager responsible for accounts receivable and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. §§ 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to have
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- ) ) ) ) ) ) File Number: EB-02-BF-135 NAL/Acct.No. 200232280004 FRN: 0006-1324-19 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 28, 2002 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Nextmedia Operating Inc., (``Nextmedia''), licensee of AM broadcast station WJET, Erie, Pennsylvania apparently violated Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Commission's Rules (``Rules'') by failing to make an observation of the antenna structure's lights at least once each 24 hours, failing to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failing to exhibit lighting from sunset to sunrise. We conclude that Nextmedia. is apparently liable for a forfeiture in the
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- FAA Flight Service Center in Elkins, WV. FAA personnel told the agent that Mortenson made notification of the light outage at 8:14 AM on May 17, 2002. III. DISCUSSION Section 17.51(a) of the Rules requires prescribed obstruction lighting be exhibited from sunset to sunrise. Mortenson's antenna structure was observed on May 15, 2002 after sunset with obstruction lighting unlit. Section 17.48 of the Rules requires notification of extinguished lighting to the FAA if not corrected within 30 minutes. FCC agents advised Mortenson personnel of the improper functioning of the tower lighting on the morning of May 16, 2002. Mortenson waited until after another sunset to sunrise period before notifying the FAA of the improper functioning of the lights. Based on the
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- Overland Park, Kansas ) ) FRN: 0005-5981-07 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 24, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Sprintcom, Inc. has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended, and Sections 17.4(g), 17.47(a)(1), 17.47(a)(2), 17.48(a) and 17.51(b) of the Commission's Rules (the ``Rules''). Respectively, these sections require painting and/or illumination of a radio tower if and when the tower may constitute a menace to air navigation; posting the Antenna Structure Registration (``ASR'') number in a conspicuous location so that it is visible near the base of the antenna structure; observation of the antenna structure lights
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- File No. EB-01-CG-155 Licensee: WBTO-FM ) Petersburg, Indiana ) NAL/Acct. No. 200132320001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 13, 2001 By the District Director, Chicago Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that The Original Company, Inc. (``Original''), licensee of Radio Station WBTO-FM, has apparently violated Sections 17.47(a)(1) and 17.48(a) of the Commission's Rules (the ``Rules''). These violations occurred as a result of the failure of Radio Station WBTO-FM, located in Petersburg, Indiana, to make observations of the antenna structure's lights at least once each 24 hours, and their failure to notify the Federal Aviation Administration (``FAA'') immediately of the extinguishment of a flashing obstruction light. We conclude that Original
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- Requested to Gulf Stream Natural Gas System, 2800 Post Oak Blvd., Houston, TX 77612. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau 47 C.F.R. § 17.51. Antenna structure owners must notify the FAA of any known improper functioning of any flashing or top light on a structure that is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Receipt Requested to Wings Communications, Inc. DBA WELE Radio, 432 S. Nova Road, Ormond Beach, Florida, 32174. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau Attachment 47 C.F.R. § 17.51. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- each level at which permanent obstruction lights would be recommended, two or more lights of the type specified in the determination should be installed at that level.'' See 47 C.F.R. § 17.45. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- documentation submitted. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, Dallas, TX 75252. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau 47 C.F.R. § 17.51. See 47 C.F.R. § 17.6(a). See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Beacon Broadcasting, Inc. ) NAL/Acct. No. 200232400003 ) Warren, Ohio ) FRN: 0006-1146-64 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 14, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Beacon Broadcasting, Inc. (``Beacon''), the licensee of WGRP(AM), Greenville, Pennsylvania, has apparently violated Sections 17.4(g), 17.48(a) and 17.50 of the Commission's Rules (``the Rules''). These violations occurred as a result of Beacon's failure to post the Antenna Structure Registration (``ASR'') numbers on the WGRP(AM) antenna structures; failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning; and failure to repaint the WGRP(AM) antenna structures. We conclude that Beacon is apparently liable
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- Washington, D.C. 20554 In the Matter of ) ) ) Radio Station WKUZ ) File No. EB-03-CG-593 ) ) NOV No. V20043232003 LaFountaine, IN ) ) NOTICE OF VIOLATION Released: November 7, 2003 By the District Director, Chicago Office, Enforcement Bureau: (``Wabash''). , located at LaFountaine, Indiana, were operating in violation of Federal Communications Commission Rule Section: 47 C.F.R. § 17.48(a): ``The owner of any antenna structure which is registered ... Shall 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 flashing obstruction light ....'' The lights on the antenna structure were not flashing. Wabash did not notify the Federal
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- Requested to Vector Communications, Inc., d/b/a WCFI, Inc., 3621 NW 10th Street, Ocala, FL 34475. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau 47 C.F.R. § 17.51(a). Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- File No. EB-03-CG-054 WLTH Radio, Inc. ) WLTH ) NAL/Acct. No. 200432320001 Gary, Indiana ) ) FRN 0004 9887 62 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 23, 2003 By the District Director, Chicago Office, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WLTH Radio, Inc. (``WLTH''), has apparently violated Sections 17.4(a), 17.48(a), and 17.51(a) of the Commission's Rules (the ``Rules''). These violations occurred because WLTH failed to register its antenna structure, failed to notify the Federal Aviation Administration (``FAA'') of an antenna structure light outage and failed to exhibit the required red obstruction lighting. We conclude that WLTH is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000).
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- Extension, Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director 47 C.F.R. §§ 17.50 and 17.51. See 47 C.F.R. § 17.6(a). See 47 C.F.R. §§ 17.21, 17.22, and 17.23. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). The 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.'' 47 U.S.C. § 312(f)(2). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are
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- sent by regular mail and Certified Mail, Return Receipt Requested, to Aquila, Inc., 20 West 9th, Kansas City, Missouri 64104. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director 47 C.F.R. § 17.51. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). The 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.'' 47 U.S.C. § 312(f)(2). 47 C.F.R. § 1.80(b)(4). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b). 47 C.F.R. §§ 0.111, 0.311,
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- Bureau 47 C.F.R. §§ 17.51(a) and 17.57. Station WXOF(FM) utilizes this antenna structure as part of its station. WGUL-FM Inc. is licensee of station WXOF(FM) in addition to owning the antenna structure. Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. § 17.48(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- No. EB-04-BF-013 Verizon ) Owner of Tower # 1007252 ) NAL/Acct. No. 200432280001 Olean, New York ) ) FRN: 0003 46 9442 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2004 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Verizon has apparently violated Sections 17.48, 17.49, 17.51, and 17.57 of the Commission's Rules (the ``Rules''). These violations occurred by failure to immediately notify the nearest FAA Flight Service Station of a beacon outage, failure to keep and maintain accurate logs/records of antenna structure lighting, failure to exhibit all red obstruction lighting from sunset to sunrise, and failure to immediately notify the Commission using Form 854
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- September 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act, that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On March 22, 2004, the Los Angeles Police
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- Director, New York Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to American Towers, Inc. On November 9, 2004, an agent of the Commission's New York Office inspected the antenna structure, ASR# 1061739, located atop Illinois Mountain, Highland, New York, and observed the following violations: 47 C.F.R. §17.48(a): ``The owner of any antenna structure which is registered ... Shall 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
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- Agent Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARBInc''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules''). Specifically, we find ARBInc apparently liable for failing to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. We conclude, pursuant to Section 503(b) the Act, that ARBInc is apparently liable
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- be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.'' Jackson County failed to post the antenna structure registration number. b. 47 C.F.R. § 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- of the Commission's Rules, to Christian Broadcasting Ministry (``Christian Broadcasting''), owner of antenna structure 1227797 located in Widowville, Ohio. On March 22, 2004, this office received information reporting that the tower lights were out on this structure. On March 23, 2004, an agent from the Commission's Detroit Office inspected this structure and observed the following violation(s): a. 47 C.F.R. § 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- By the District Director, Los Angeles District Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules") by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On August 9, 2004,
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KALI FM Inc., owner of antenna structure # 1045131. On February 23, 2005, an agent of the Commission's Los Angeles Office inspected antenna structure # 1045131 located at 1113 E. Washington Street, Santa Ana, California. The agent observed the following violation: 47 C.F.R. § 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: (a) Shall 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
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- in 2004 as useful background demonstrating the context of the misconduct that is within the statute of limitations period and thus covered by this NAL. Moreover, we may consider prior violations in determining the appropriate forfeiture amount for violations within the statute of limitations. See Roadrunner Transp. Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000). See 47 C.F.R. § 17.48. TC received a Notice of Violation on November 16, 2001 for failing to exhibit obstruction lighting on antenna structure # 1028287, located in Suffolk, Virginia. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the
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- intensity flashing white obstruction light mounted at the top level, in accordance with FAA Circular 70/7460-1J/, chapters 4, 6 and 13. During the inspection, the agent observed that the medium intensity flashing white obstruction light was not functioning. The agent also determined that the malfunction had not been reported to the Federal Aviation Administration, as required under 47 C.F.R. § 17.48. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Norfolk Southern Corp., must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation
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- TELEPHONE COOP INC - MO 9.50 0.22 9.27 26.90 421807 C MOKAN DIAL, INC.- MO -4.84 1.73 -6.46 -11.22 421860 A ALMA COMMUNICATIONS COMPANY DBA ALMA TELCO. 5.59 -1.06 6.71 12.32 421864 C CHARITON VALLEY TELEPHONE CO. 6.57 -0.79 7.43 8.38 421865 C CITIZENS TELEPHONE CO - MISSOURI 3.16 -3.17 6.54 5.97 421866 C OZARK TELEPHONE COMPANY -8.09 1.24 -9.21 -17.48 421874 C ELLINGTON TELEPHONE COMPANY 26.68 2.29 23.84 70.61 421876 A FARBER TELEPHONE COMPANY -3.05 -5.45 2.54 -6.44 421882 C FIDELITY TELEPHONE COMPANY 1.19 -3.44 4.79 44.01 421885 C ALLTEL MISSOURI INC. 1.08 0.44 0.64 -22.91 421886 C GOODMAN TEL. CO. 8.67 0.46 8.17 13.49 421887 C GRANBY TEL CO - MISSOURI 3.04 2.02 1.00 -0.68 421888 C GRAND RIVER
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- TELEPHONE COOP INC - MO 9.50 0.22 9.27 26.90 421807 C MOKAN DIAL, INC.- MO -4.84 1.73 -6.46 -11.22 421860 A ALMA COMMUNICATIONS COMPANY DBA ALMA TELCO. 5.59 -1.06 6.71 12.32 421864 C CHARITON VALLEY TELEPHONE CO. 6.57 -0.79 7.43 8.38 421865 C CITIZENS TELEPHONE CO - MISSOURI 3.16 -3.17 6.54 5.97 421866 C OZARK TELEPHONE COMPANY -8.09 1.24 -9.21 -17.48 421874 C ELLINGTON TELEPHONE COMPANY 26.68 2.29 23.84 70.61 421876 A FARBER TELEPHONE COMPANY -3.05 -5.45 2.54 -6.44 421882 C FIDELITY TELEPHONE COMPANY 1.19 -3.44 4.79 44.01 421885 C ALLTEL MISSOURI INC. 1.08 0.44 0.64 -22.91 421886 C GOODMAN TEL. CO. 8.67 0.46 8.17 13.49 421887 C GRANBY TEL CO - MISSOURI 3.04 2.02 1.00 -0.68 421888 C GRAND RIVER
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- 0014046999 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 19, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Communications Relay Corporation (``CRC''), willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules") by failing to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure #1019247. We conclude, pursuant to Section 503(b) of the Act, that CRC is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). BACKGROUND 2. According to the
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- Los Angeles Office, Western Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that El Dorado 900, LLC ("El Dorado"), owner of antenna structures #1041256 and #1041257 in the City of Industry, California, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules") by failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and for failing to comply with the Commission's registration requirements for antenna structure #1041256. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that El Dorado 900, LLC is
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- structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly." No quarterly tower inspections had been conducted. 47 C.F.R. § 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 shall 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
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- an agent of the Commission's Atlanta Office inspected antenna structure 1055362 located at Jernigan, Alabama and observed the following violation(s): 47 C.F.R. § 17.4(g): ``The antenna structure registration number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure.'' The antenna structure had no ASR number visible. 47 C.F.R. § 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ...shall report immediately by telephone or telegraph to the nearest Flight Service Station or office of the Federal Aviation Administration any observed or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to T-Mobile West Corporation, 12920 SE 38th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. § 303(q). 47 C.F.R. § 17.23. 47 U.S.C. § 503(b). See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 8, and 13. Section 17.48 of the Rules requires antenna structure owners to immediately notify the FAA of 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. 47 C.F.R. § 17.48. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
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- 21.61 23.31 Arizona Tuscon 18.23 18.23 19.18 19.13 19.42 19.42 19.43 20.10 20.78 22.89 23.39 22.66 22.74 Arkansas Pine Bluff 22.60 22.22 22.06 22.14 22.22 22.22 22.26 23.22 25.09 26.08 26.11 27.33 27.65 Arkansas West Memphis 29.00 29.55 28.57 28.65 28.78 20.79 28.75 29.72 31.58 32.72 32.71 34.47 34.33 California Anaheim 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.03 16.01 California Bakersfield 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.03 16.01 California Fresno 12.18 12.18 15.59 15.69 16.67 17.13 15.42 15.34 15.71 17.48 16.67 16.03 16.01 California Long Beach 17.35 16.78 23.56 23.51 23.51 23.51 23.51 24.48 25.05 24.69 25.70 25.13 25.38 California Los Angeles 13.39 13.39 17.09 17.20 15.57 16.01 16.59 16.87
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- including the requirement for red obstruction lighting. Therefore, Patrick is required to exhibit red obstruction lighting on its structure from sunset to sunrise. From at least February 2006 to June 15, 2006, Patrick failed to exhibit red obstruction lighting on its structure. There was no evidence of proper notification to the FAA of the light outage as required by Section 17.48(a) of the Rules. Patrick's owner and chief operator stated he knew of the light outage since February 2006. Therefore, this violation was willful and repeated. 10. Based on the evidence before us, we find that Patrick apparently willfully and repeatedly violated Sections 17.4(a), 17.50, and 17.51 of the Rules by failing to register its antenna structure, failing to maintain good
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- 1.89 of the Commission's Rules, to Bruce L. Miller, registrant of antenna structure # 1052370 in Englewood, Colorado. On November 27 and November 28, 2006, an agent of the Enforcement Bureau's Western Regional Office conducted a visual inspection of antenna structure # 1052370, located at 3150 S. Vallejo Street, Englewood, Colorado, and observed the following violation: a. 47 C.F.R. § 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- FORFEITURE Released: January 12, 2007 By the Resident Agent, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pembrook Pines Elmira, Ltd. (``Pembrook''), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, apparently willfully and repeatedly violated Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules (``Rules'') by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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- ) ) ) File Number EB-06-BF-024 NAL/Acct. No. 200732280002 FRN 0006161855 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 22, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Forever of PA, Inc. (``Forever''), registrant of antenna structure # 1027115, apparently willfully violated Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Forever is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND On February
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- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Comcast's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Act, that Comcast is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Antenna structure #1005634 is located approximately 3.5 miles northeast from the Pearson Airport in Vancouver, Washington. The Commission requires antenna structure owners to maintain painting and lighting on antenna structures that
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- 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.'' 47 C.F.R. § 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. § 17.48. 47 C.F.R. § 73.1745. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80. 12 FCC Rcd 17087 (1997), recon.
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- ("Rules"); and by failing to immediately notify the Commission of change in ownership information, a violation of Section 17.57 of the Rules. Plascencia's failure to make the required observations of the lighting on antenna structure #1062806 resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Plascencia is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). BACKGROUND Antenna structures 1062806, 1062807, and 1062808 comprise the three-tower array used by KOXR(AM) to serve Oxnard, California. Lazer Broadcasting Corporation, is the licensee of KOXR(AM).
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- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Threshold's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Threshold is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Antenna structure #1015782 is an antenna tower of 82.8 meters (271.7 feet) in height above ground. It is tower one in a three-tower array used
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- Northeast Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cablevision of Newark, owner of antenna structure 1045843. On May 1, 2007, an agent of the Commission's New York Office inspected the antenna structure, ASR # 1045843, located in Newark, New Jersey, and observed the following violation: 47 C.F.R. §17.48(a): ``The owner of any antenna structure which is registered ... Shall 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
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- District Director, Columbia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Metro Radio, Inc. (``Metro''), owner of Antenna Structure Registration (ASR) # 1018735 and licensee of AM station WKCW in Warrenton, Virginia, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, and Sections 17.51(a), 17.48(a), and 17.57 of the Commission's Rules (``Rules'') by failing to exhibit red obstruction lighting from sunset to sunrise, failing to immediately notify the Federal Aviation Administration (``FAA'') of a known light outage, and failing to notify the Commission of a change in ownership of the antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as
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- 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 47 C.F.R. § 17.48(a). 47 C.F.R. § 1.80. 7 American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ 8 : < A Y ... ¬ ´ µ ¶ × Ø Ù Û Æ F $ 0 à ô ü ¦
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- designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Western Slope's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. Finally, Western Slope apparently repeatedly failed to immediately notify the Commission of a change in ownership information for antenna structure number 1023390, a violation of section 17.57 of the Commission's Rules ("Rules"). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Western Slope is apparently liable for a forfeiture in
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- NAL/Acct. No. 200832380004 FRN 0003 7760 02 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 25, 2008 By the District Director, New York Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WGBB-AM, Inc. (``WGBB''), owner of antenna structure 1064894 located in Freeport, New York, apparently willfully and repeatedly violated Sections 17.48(a) and 17.57 of the Commission's Rules ("Rules") by failing to report immediately to the nearest Flight Service Station or office of the Federal Aviation Administration an observed and known extinguishment of the tower's top red flashing obstruction light and by failing to immediately notify the Commission of a change of ownership of its antenna structure. We conclude, pursuant to Section
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- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. New Inspiration's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that New Inspiration Broadcasting Co., Inc. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Antenna structure #1207183 is an antenna tower of 105.5 meters (346.128 feet) in height above ground. It is tower four in
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- Structure Registration Number was displayed at the base of the antenna tower or on the fence surrounding the antenna tower. 47 C.F.R. § 17.51(a): ``All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.'' An hour after sunset on March 13, 2008, the agent observed that the top obstruction light was not illuminated. 47 C.F.R. § 17.48: ``The owner of any antenna structure which is registered with the Commission..., shall 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,
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- and not less than 12 flashes per minute, and Paragraph 11 requires that the structure have at least two red obstruction lights installed at its midpoint. On the evening of May 15, 2008, the agents observed that the side lights were not functioning and the top beacon was flashing no more than three times per minute. b. 47 C.F.R. § 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- submitted. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Douglas G. Miller District Office South Central Region Enforcement Bureau 47 C.F.R. §§ 17.51(a), 17.57. 47 U.S.C. § 503(b). Section 17.48 (a) of the Rules states that ``The owner of any antenna structure which is registered...[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
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- 19.18 19.13 19.42 19.42 19.43 20.10 20.78 22.89 23.39 22.66 22.74 22.62 22.62 Arkansas Pine Bluff 22.60 22.22 22.06 22.14 22.22 22.22 22.26 23.22 25.09 26.08 26.11 27.33 27.65 27.97 29.26 Arkansas West Memphis 29.00 29.55 28.57 28.65 28.78 20.79 28.75 29.72 31.58 32.72 32.71 34.47 34.33 36.59 37.47 California Anaheim 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.03 16.39 17.10 16.70 California Bakersfield 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.03 16.39 17.79 16.70 California Fresno 12.18 12.18 15.59 15.69 16.67 17.13 15.42 15.34 15.71 17.48 16.67 16.03 16.39 17.10 16.70 California Long Beach 17.35 16.78 23.56 23.51 23.51 23.51 23.51 24.48 25.05 24.69 25.70 25.13 25.38 26.61 26.31 California Los Angeles
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- 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.'' 47 C.F.R. § 17.47(a)(2). See 47 C.F.R. § 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station of office of the Federal Aviation Administration any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing
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- this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Qualicom Systems, Inc. (``Qualicom''), owner of antenna structure number 1012977 located in Estero, Florida, apparently willfully and repeatedly violated Section 17.4(g) of the Commission's Rules (``Rules'') by failing to display in a conspicuous place the Antenna Structure Registration (``ASR'') number for its antenna structure and apparently repeatedly violated Section 17.48(a) of the Rules by not informing the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Qualicom is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). BACKGROUND On September 15, 2008, in response to a complaint
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Taylor Communications, Inc. (``Taylor''), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules (``Rules'') by not informing the Federal Aviation Administration (``FAA'') of a malfunction of the antenna structure lighting and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Taylor is apparently liable for a forfeiture in the amount
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- -3.25 2.60 -1.62 613012 C ACS - ALASKA JUNEAU -8.83 -2.41 -6.57 0.00 613013 C KETCHIKAN PUBLIC UTILITIES -1.17 -3.27 2.17 -2.94 613015 C MATANUSKA TELEPHONE ASSOC., INC. 3.48 0.12 3.36 4.09 613016 C MUKLUK TEL. COMPANY, INC. -0.40 1.65 -2.01 -3.69 613016A C MUKLUK TEL. COMPANY, INC. 5.07 -3.36 8.72 0.00 613017 C ALASKA TELEPHONE COMPANY 6.58 -3.87 10.88 17.48 613017A C ALASKA TELEPHONE COMPANY 6.40 -0.61 7.06 0.00 613018 C NUSHAGAK ELECTRIC & TELEPHONE COOP., INC. 7.57 2.60 4.84 9.64 613019 C OTZ TELEPHONE COOPERATIVE, INC. -7.57 1.87 -9.27 -23.53 613020 C ACS - NORTHLAND SITKA -4.25 -0.81 -3.46 -31.58 613022 C ACS - ALASKA GREATLAND -28.32 12.21 -36.12 0.00 613023 C UNITED UTILITIES INC. 2.50 1.08 1.41 -1.57
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- -3.25 2.60 -1.62 613012 C ACS - ALASKA JUNEAU -8.83 -2.41 -6.57 0.00 613013 C KETCHIKAN PUBLIC UTILITIES -1.17 -3.27 2.17 -2.94 613015 C MATANUSKA TELEPHONE ASSOC., INC. 3.48 0.12 3.36 4.09 613016 C MUKLUK TEL. COMPANY, INC. -0.40 1.65 -2.01 -3.69 613016A C MUKLUK TEL. COMPANY, INC. 5.07 -3.36 8.72 0.00 613017 C ALASKA TELEPHONE COMPANY 6.58 -3.87 10.88 17.48 613017A C ALASKA TELEPHONE COMPANY 6.40 -0.61 7.06 0.00 613018 C NUSHAGAK ELECTRIC & TELEPHONE COOP., INC. 7.57 2.60 4.84 9.64 613019 C OTZ TELEPHONE COOPERATIVE, INC. -7.57 1.87 -9.27 -23.53 613020 C ACS - NORTHLAND SITKA -4.25 -0.81 -3.46 -31.58 613022 C ACS - ALASKA GREATLAND -28.32 12.21 -36.12 0.00 613023 C UNITED UTILITIES INC. 2.50 1.08 1.41 -1.57
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- but the determination was modified by the FAA on August 10, 2005, to require painting and lighting in accordance with FAA Advisory Circular 70/7460-1K Paragraphs 4, 8, and 12. Industrial must submit Form 854 to the Commission to change the painting and lighting specifications to be consistent with the current FAA determination of no hazard. b. 47 C.F.R. § Section 17.48(a) of the Rules states that ``[t]he owner of any antenna structure which is registered...[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
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- of an antenna structure is required to ``report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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.'' 47 C.F.R. § 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80. 47 U.S.C. § 503(b)(2)(E). 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 17.51(b), 17.57. 8 See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ $ Æ F 0 ó ô ô ö ö
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- maintained indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Baybridge's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Baybridge Communications, L.L.C. is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND Antenna structure #1023097 is an antenna tower of 70.4 meters (approximately 231 feet) in height above ground. It is a tower used by KDYA
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- of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Prairie View A&M University, owner of antenna structure # 1056336 in Prairie View, Texas. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1056336 located near Prairie View, Texas, and observed the following violation(s): 47 C.F.R. § 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: Shall 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
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- Massachusetts 4,282 28,689 14.93 2,811 8,709 32.28 Michigan 4,282 29,356 14.59 4,026 15,380 26.18 Minnesota 1,690 14,166 11.93 1,393 6,908 20.17 Mississippi 782 7,749 10.09 835 4,609 18.12 Missouri 1,909 17,173 11.12 2,015 7,946 25.36 Montana 283 2,114 13.39 116 1,268 9.15 Nebraska 359 3,892 9.22 407 2,620 15.53 Nevada 675 5,333 12.66 1,279 3,120 40.99 New Hampshire 813 4,650 17.48 492 1,823 26.99 New Jersey 4,683 27,041 17.32 3,672 11,652 31.51 New Mexico 394 3,358 11.73 744 2,279 32.65 New York 7,952 48,737 16.32 10,477 24,797 42.25 North Carolina 2,904 21,619 13.43 2,853 12,141 23.50 North Dakota 71 1,369 5.19 107 794 13.48 Northern Marianas 0 0 NM 0 0 NM Ohio 3,610 30,115 11.99 3,434 15,348 22.37 Oklahoma 914
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- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Hawaiian Telcom's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hawaiian Telcom is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Antenna structure #1002607 is an antenna tower of 47 meters (approximately 154 feet) in height above ground. The registered owner is Hawaiian Telcom. According to
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- 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.'' 47 C.F.R. § 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. § 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80. 47 U.S.C. § 503(b)(2)(E). 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 17.51(b) and 17.57. 8 See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission 9 : $ Æ F € € € €
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- Unused in Public Funds Committed Funds Disbursed Funding Commitments State/Territory Schools1 Committed per Student Disbursed per Student Commitments per Student Alabama 743,632 $41,906,025 $56.35 $37,182,500 $50.00 $4,723,524 $6.35 Alaska 132,608 18,564,033 139.99 16,567,404 124.94 1,996,629 15.06 American Samoa 16,400 1,932,498 117.84 1,749,217 106.66 183,281 11.18 Arizona 1,068,249 60,099,853 56.26 44,236,980 41.41 15,862,872 14.85 Arkansas 476,409 22,942,913 48.16 14,614,890 30.68 8,328,023 17.48 California 6,406,750 250,718,361 39.13 197,085,679 30.76 53,632,682 8.37 Colorado 794,026 19,519,303 24.58 15,298,466 19.27 4,220,837 5.32 Connecticut 575,100 21,726,651 37.78 17,579,396 30.57 4,147,255 7.21 Delaware 122,254 784,933 6.42 714,622 5.85 70,311 0.58 District of Columbia 72,850 25,579,689 351.13 5,254,671 72.13 20,325,018 279.00 Florida 2,671,513 69,659,111 26.07 59,907,962 22.42 9,751,149 3.65 Georgia 1,629,157 58,374,517 35.83 50,639,966 31.08 7,734,551 4.75 Guam 30,986
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- Unused in Public Funds Committed Funds Disbursed Funding Commitments State/Territory Schools1 Committed per Student Disbursed per Student Commitments per Student Alabama 743,632 $41,906,025 $56.35 $37,182,500 $50.00 $4,723,524 $6.35 Alaska 132,608 18,564,033 139.99 16,567,404 124.94 1,996,629 15.06 American Samoa 16,400 1,932,498 117.84 1,749,217 106.66 183,281 11.18 Arizona 1,068,249 60,099,853 56.26 44,236,980 41.41 15,862,872 14.85 Arkansas 476,409 22,942,913 48.16 14,614,890 30.68 8,328,023 17.48 California 6,406,750 250,718,361 39.13 197,085,679 30.76 53,632,682 8.37 Colorado 794,026 19,519,303 24.58 15,298,466 19.27 4,220,837 5.32 Connecticut 575,100 21,726,651 37.78 17,579,396 30.57 4,147,255 7.21 Delaware 122,254 784,933 6.42 714,622 5.85 70,311 0.58 District of Columbia 72,850 25,579,689 351.13 5,254,671 72.13 20,325,018 279.00 Florida 2,671,513 69,659,111 26.07 59,907,962 22.42 9,751,149 3.65 Georgia 1,629,157 58,374,517 35.83 50,639,966 31.08 7,734,551 4.75 Guam 30,986
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- FORFEITURE Released: January 25, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Big Fish Broadcasting, L.L.C. (``Big Fish''), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules (``Rules'') by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration (``FAA'') immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
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- register or detect any failure of such lights, a violation of Section 17.47(a) of the Rules. Foursquare Gospel's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration (``FAA'') of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. Foursquare Gospel's failure to maintain required lighting on the antenna structure and comply with the FCC's rules created a hazard to air navigation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Foursquare Gospel is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND Antenna
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- Released: February 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that KFW Communications LLC dba Almega Cable, Inc. (``KFW''), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules (``Rules'') by failing to install operational Emergency Alert System (``EAS'') equipment, failing to display the Antenna Structure Registration (``ASR'') number in a conspicuous place so that it is readily visible near the base of the antenna structure, failing to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failing to exhibit
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- LIABILITY FOR FORFEITURE Released: February 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that KFW Communications LLC dba Almega Cable Inc. (``KFW''), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules (``Rules'') by failing to install operational Emergency Alert System (``EAS'') equipment, failing to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage, and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that KFW is
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- FRN 0001731470 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 16, 2010 By the Resident Agent or San Juan Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Puerto Rico Telephone Company Inc. (``PRTC''), owner of antenna structure number 1010661, in Aguadilla, Puerto Rico, apparently willfully and repeatedly violated Sections 17.48 and 17.51(a) of the Commission's Rules (``Rules'') by failing to notify the Federal Aviation Administration (``FAA'') immediately of a lighting outage and failing to exhibit red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that PRTC is apparently liable for a forfeiture in the amount of ten
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- 1934, as amended (``Act''), to James Davis for failing to notify the Commission immediately of a change in antenna structure ownership, failing to maintain the paint on an antenna structure, failing to exhibit required obstruction lighting from sunset to sunrise, and failing to notify the Federal Aviation Administration of a lighting outage in violation of Sections 17.57, 17.50, 17.51, and 17.48(a) of the Commission's Rules (``Rules''). Antenna structure # 1214169 is 112.2 meters above ground and is required to be painted and lit. As of February 8, 2010, according to the Antenna Structure Registration (``ASR'') database, Marshall Media Group, Inc. is the registered owner of the structure. On May 4 and 8, 2009, an agent of the Commission's Houston Resident Agent
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- FORFEITURE Released: January 26, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Big Fish Broadcasting, L.L.C. (``Big Fish''), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules (``Rules'') by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration (``FAA'') immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
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- 300630 C CENTURYTEL OF OHIO -11.85 -11.06 -0.89 0.00 300633 A MIDDLE POINT HOME 5.22 -6.84 12.95 38.51 300634 A MINFORD TEL CO -6.39 -0.66 -5.76 0.00 300639 A THE NEW KNOXVILLE -3.49 -7.82 4.70 -69.80 300644 C THE NOVA TEL CO -9.24 -10.39 1.29 -16.99 300645 A OAKWOOD TEL CO 1.31 -2.87 4.30 -66.55 300649 C ORWELL TEL CO -17.48 -8.03 -10.28 0.00 300650 A OTTOVILLE MUTUAL 4.05 -2.91 7.17 -7.31 300651 A PATTERSONVILLE TEL 13.52 -4.68 19.09 60.14 300654 A RIDGEVILLE TEL CO 3.45 -2.23 5.80 -23.20 300656 A SHERWOOD MUTUAL TEL -1.50 -5.37 4.08 -91.33 300658 C SYCAMORE TEL CO 31.85 -7.91 43.18 INFINITE 300659 A TELEPHONE SERVICE -11.46 -9.07 -2.62 0.00 300661 C UTC OF OHIO -8.71
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- 300630 C CENTURYTEL OF OHIO -11.85 -11.06 -0.89 0.00 300633 A MIDDLE POINT HOME 5.22 -6.84 12.95 38.51 300634 A MINFORD TEL CO -6.39 -0.66 -5.76 0.00 300639 A THE NEW KNOXVILLE -3.49 -7.82 4.70 -69.80 300644 C THE NOVA TEL CO -9.24 -10.39 1.29 -16.99 300645 A OAKWOOD TEL CO 1.31 -2.87 4.30 -66.55 300649 C ORWELL TEL CO -17.48 -8.03 -10.28 0.00 300650 A OTTOVILLE MUTUAL 4.05 -2.91 7.17 -7.31 300651 A PATTERSONVILLE TEL 13.52 -4.68 19.09 60.14 300654 A RIDGEVILLE TEL CO 3.45 -2.23 5.80 -23.20 300656 A SHERWOOD MUTUAL TEL -1.50 -5.37 4.08 -91.33 300658 C SYCAMORE TEL CO 31.85 -7.91 43.18 INFINITE 300659 A TELEPHONE SERVICE -11.46 -9.07 -2.62 0.00 300661 C UTC OF OHIO -8.71
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- 3,174 20.13 559 1,897 29.47 Maryland 2,621 17,334 15.12 2,751 7,484 36.76 Massachusetts 4,500 28,369 15.86 3,147 9,054 34.76 Michigan 4,818 29,332 16.43 4,744 15,871 29.89 Minnesota 1,800 13,641 13.20 1,613 7,278 22.16 Mississippi 854 7,984 10.70 878 4,756 18.46 Missouri 2,238 17,642 12.69 2,110 8,162 25.85 Montana 305 2,092 14.58 167 1,351 12.36 Nebraska 423 4,008 10.55 492 2,815 17.48 Nevada 787 5,668 13.88 1,394 3,184 43.78 New Hampshire 834 5,025 16.60 537 1,923 27.93 New Jersey 4,836 26,842 18.02 3,982 11,910 33.43 New Mexico 401 3,374 11.89 870 2,447 35.55 New York 9,020 49,020 18.40 11,527 25,449 45.29 North Carolina 3,229 22,126 14.59 3,477 12,771 27.23 North Dakota 77 1,382 5.57 121 841 14.39 Northern Marianas 0 0 NM
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- Council Inc. (WXXI), licensee of AM Radio Station WXXI in Rochester, New York and registrant of antenna structure numbers 1003954, 1003955, 1003956, and 1003957 (Antenna Structures) in Brighton, New York. On February 22, 2012, agents of the Commission's Philadelphia Office inspected the Antenna Structures located at 560 French Road, Brighton, New York and observed the following violations: 47 C.F.R. § 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 shall 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
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- Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Report and Order, 13 FCC Rcd 21027 (1998)). 47 C.F.R. §§ 17.6(c) (duplicates procedures described in 17.4(e)); 17.23 (should reflect version 1K of the FAA advisory circular); 17.45 (because the applicable FAA advisory circular will specify the appropriate temporary warning lights, these provisions may be in conflict); 17.48 (telegraph notification is no longer acceptable); 17.53 and 17.54 (technical specifications duplicates those specifications incorporated by reference to the FAA advisory circulars). 47 C.F.R. §§ 17.4(b), (d) (submission of paper copy of FAA study no longer necessary); 17.57 (notification is now made via FCC Form 854); 17.58 (Commission previously determined that there is no longer a basis for this reporting
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- addition, in June and July 1999, the Wireless Telecommunications Bureau sent letters to licensees informing them that the Commission had no valid registration for their antenna site and that owners and, to the extent they were liable, tenants could face monetary forfeitures for antenna structures that remained unregistered. 47 C.F.R. § 17.47. 47 C.F. R. § 17.56. 47 C.F.R. § 17.48. SpectraSite Communications, Inc., 16 FCC Rcd 809 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001). SpectraSite Communications, Inc., (Enf. Bur., Tampa Office rel. Apr. 25, 2001), forfeiture ordered, 16 FCC Rcd 17668 (Enf. Bur. 2001). ASR number 1230615. Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed
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- the side intermediate lights be steady burning. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless confirmed that a side intermediate light on the tower was flashing, rather than steady burning as required. Tyler, Texas - File No. EB-01-DL-696 On August 15, 2001, an agent from the Commission's Dallas, Texas Field Office (``Dallas Office'') inspected an antenna structure located at 8562 County
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- Receipt Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. §§ 301 and 303(q). 47 C.F.R. §§ 17.51 and 73.1350(a). 47 C.F.R. §§ 11.35(a), 73.1125(a), and 73.3526. 47 C.F.R. § 17.21. 47 C.F.R. § 17.47 47 C.F.R. § 17.51. 47 C.F.R. § 17.56 47 C.F.R. § 17.48 47 C.F.R. § 11.35(c). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- Dortch Secretary Eure Family Limited Partnership, DA 02-878 (released April 17, 2002). Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 47 C.F.R. § 17.51(a). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications, Inc.
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- burning as required by the tower's ASR. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless admitted that a side intermediate light on the tower was flashing, rather than steady burning, and stated that it had taken steps to repair the light. In the NAL, the Commission cited AT&T Wireless for apparently failing to conform to the FAA's painting and lighting specifications
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- (unauthorized power) by failing to change to its critical hours directional array as required by its license; Section 17.50 (antenna cleaning and repainting) by failing to repaint its tower structures after seventy-five percent of their orange and white paint had flaked off; Section 17.51 (time when lights should be exhibited) by leaving its towers completely unlit during nighttime hours; Section 17.48 (notification of extinguishment or improper functioning of lights) by failing to report the station's tower light extinguishment to the FAA Flight Service Station nearest Moultrie, Georgia; Section 17.4 (antenna structure registration) by failing to register its station towers with this agency; Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness; Section 11.15 (EAS operating handbook) by failing
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- Fewer Hospitals $29 Million in Annual Receipts or Less Nursing Homes $11.5 Million in Annual Receipts or Less Hotels and Motels $6 Million in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) 47 U.S.C. § 303(q). 47 C.F.R. §§ 17.51(b) and 17.4(a). 47 C.F.R. § 17.21. 47 C.F.R. § 17.23. 47 C.F.R. § 17.47. 47 C.F.R. § 17.48. 47 C.F.R. § 17.7. 47 C.F.R. § 17.4. 47 C.F.R. § 17.57. Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). SpectraSite Communications, Inc., 16
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- 4-5. Antenna structure owners ``shall 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 topy steady burning light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30 minutes.'' 47 C.F.R. § 17.48(a). See FAA Circular AC-70/7460-1K, Chapter 2, Light Failure Notification. ATC Supplement at 5; Flash Reply Comments at 3. ATC Waiver Request at 2. ATC Reply Comments at 2. PCIA Comments at 1. Id. at 2. GSI Comments and Waiver Request. Id. Hark further recommends that Section 17.47(b) be modified to relieve inspection requirements for all tower companies using a sophisticated
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- navigation than certain alternatives. We also believe that some interpretations of these requirements overly complicate our enforcement efforts in this important public safety area. Therefore, we are proposing several amendments and deletions to streamline and clarify these rules. 1. Inspection and Maintenance of Lighting The basic regime governing inspection and maintenance of required lighting is set forth in Sections 17.47, 17.48, and 17.56(a) of the rules. Section 17.47 of the rules requires antenna structure owners to 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 or, alternatively, to provide and properly maintain an automatic alarm system designed to
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- 77.11 68.84 78.18 66.42 76.25 62.55 MR-4-07- 2100 % Out of Service > 12 Hours 60.94 46.05 58 42.73 55.55 41.26 56.89 43.48 54.33 39.51 MR-4-08- 2110 % Out of Service > 24 Hours - Bus. 16.15 12.67 13.53 10.53 10.44 10.83 13.13 9.93 11.49 8.52 MR-4-08- 2120 % Out of Service > 24 Hours - Res. 32.84 21.54 28.29 17.48 23.73 16.98 26.15 16.82 21.88 22.63 MR-5 Repeat Trouble Reports MR-5-01- 2100 % Repeat Reports within 30 Days 19.53 17.84 19.09 14.25 16.97 18.01 18.93 16.96 17.67 15.44 2-Wire Digital Services - Maintenance MR-2 Trouble Report Rate MR-2-02- 2341 Network Trouble Report Rate Loop 0.3 0.58 0.31 0.48 0.21 0.53 0.17 0.23 0.22 0.53 MR-2-03- 2341 Network
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- Development and Use of the Universal Licensing System in the Wireless Telecommunications Service, Report and Order, 13 FCC Rcd 21027 (1998)). 47 C.F.R. §§ 17.6(c) (duplicates procedures described in 17.4(e)); 17.23 (should reflect version 1K of the FAA advisory circular); 17.45 (because the applicable FAA advisory circular will specify the appropriate temporary warning lights, these provisions may be in conflict); 17.48 (telegraph notification is no longer acceptable); 17.53 and 17.54 (technical specifications duplicates those specifications incorporated by reference to the FAA advisory circulars). 47 C.F.R. §§ 17.4(b), (d) (submission of paper copy of FAA study no longer necessary); 17.57 (notification is now made via FCC Form 854); 17.58 (Commission previously determined that there is no longer a basis for this reporting
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- contact OCBO at (202) 418-0990. 13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Jorge L Estrada., Calle 5D1, Alturas de Flamboyan, Bayamon, Puerto Rico 00959. FEDERAL COMMUNICATIONS COMMISSION William Berry San Juan Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Annual Receipts or Less Tower Owners (See Lessee's Type of Business) _________________________ 1 47 C.F.R. 17.51(a). 2 The owner of any registered antenna structure with assigned lighting specifications must report immediately to the nearest FAA Flight Service Station of the FAA any known improper functioning of any top or flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 The owner of any registered antenna structure with assigned lighting specifications must maintain a record of any known improper functioning of a structure light. See 47 C.F.R. 17.49. 4 See 47 C.F.R. 17.47. 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that
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- Certified Mail Return Receipt Requested to Barnacle Broadcasting Company Ltd., 3 Yonah Drive, Atlanta, Georgia, 30309. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce Atlanta Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 The owner of any registered antenna structure that has assigned lighting specifications shall make an observation of the structure's lights at least once each 24 hours or provide an automatic alarm system. See 47 C.F.R. 17.47(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the
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- 37371. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 15317. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- regular mail and Certified Mail, Return Receipt Requested, to MCC Georgia LLC, 100 Crystal Run Road, Middletown, NY 10941. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 See 47 C.F.R. 17.47. 4 The 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.'' 47 U.S.C. 312(f)(2). 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237857A1.html
- L.L.C. ) Radio Station WURP ) NAL/Acct. No. 200332400006 Philadelphia, Pennsylvania ) ) FRN: 0004-9241-06 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Urban Radio of Pennsylvania, L.L.C. (``Urban'') has apparently violated Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Commission's Rules (the ``Rules'')1. These violations occurred because Urban failed to exhibit all red obstruction lighting on its antenna structure, failed to make observations of the obstruction lighting once every 24 hours and failed to notify the Federal Aviation Administration ("FAA") of an obstruction light outage. We conclude that Urban is apparently liable for a forfeiture
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- each level at which permanent obstruction lights would be recommended, two or more lights of the type specified in the determination should be installed at that level.'' 6 See 47 C.F.R. 17.45. 7 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 8 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Upper Wabash Broadcasting Corp. (``Wabash''). On November 7, 2003, an agent of the Commission's Chicago Office received information that the lights on your antenna structure, ASR# 1031600, located at LaFountaine, Indiana, were operating in violation of Federal Communications Commission Rule Section: 5.a. 47 C.F.R. 17.48(a): ``The owner of any antenna structure which is registered ... Shall 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 flashing obstruction light ....'' The lights on the antenna structure were not flashing. Wabash did not notify the Federal
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- to Vector Communications, Inc., d/b/a WCFI, Inc., 3621 NW 10th Street, Ocala, FL 34475. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(a). 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 054 WLTH Radio, Inc. ) WLTH ) NAL/Acct. No. 200432320001 Gary, Indiana ) ) FRN 0004 9887 62 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 23, 2003 By the District Director, Chicago Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WLTH Radio, Inc. (``WLTH''), has apparently violated Sections 17.4(a), 17.48(a), and 17.51(a) of the Commission's Rules (the ``Rules'').1 These violations occurred because WLTH failed to register its antenna structure, failed to notify the Federal Aviation Administration (``FAA'') of an antenna structure light outage and failed to exhibit the required red obstruction lighting. We conclude that WLTH is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000).
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- Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director _________________________ 1 47 C.F.R. 17.50 and 17.51. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 5 The 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.'' 47 U.S.C. 312(f)(2). 6 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are
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- 1 47 C.F.R. 17.51(a) and 17.57. 2 Station WXOF(FM) utilizes this antenna structure as part of its station. WGUL-FM Inc. is licensee of station WXOF(FM) in addition to owning the antenna structure. 3 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- EB-04-BF-013 Verizon ) Owner of Tower # 1007252 ) NAL/Acct. No. 200432280001 Olean, New York ) ) FRN: 0003 46 9442 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2004 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Verizon has apparently violated Sections 17.48, 17.49, 17.51, and 17.57 of the Commission's Rules (the ``Rules'')1. These violations occurred by failure to immediately notify the nearest FAA Flight Service Station of a beacon outage, failure to keep and maintain accurate logs/records of antenna structure lighting, failure to exhibit all red obstruction lighting from sunset to sunrise, and failure to immediately notify the Commission using Form 854
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252867A1.html
- By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act,3 that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 22, 2004, the Los
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-254545A1.html
- Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to American Towers, Inc. 2. On November 9, 2004, an agent of the Commission's New York Office inspected the antenna structure, ASR# 1061739, located atop Illinois Mountain, Highland, New York, and observed the following violations: AI.1.a)i)1)a)i.a. 47 C.F.R. 17.48(a): ``The owner of any antenna structure which is registered ... Shall 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
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- Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARBInc''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules'').1 Specifically, we find ARBInc apparently liable for failing to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. We conclude, pursuant to Section 503(b) the Act,2 that ARBInc is apparently liable
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- must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.'' Jackson County failed to post the antenna structure registration number. b. 47 C.F.R. 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- of the Commission's Rules,1 to Christian Broadcasting Ministry (``Christian Broadcasting''), owner of antenna structure 1227797 located in Widowville, Ohio. 2. On March 22, 2004, this office received information reporting that the tower lights were out on this structure. On March 23, 2004, an agent from the Commission's Detroit Office inspected this structure and observed the following violation(s): a. 47 C.F.R. 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-258064A1.html
- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to KALI FM Inc., owner of antenna structure # 1045131. 2. On February 23, 2005, an agent of the Commission's Los Angeles Office inspected antenna structure # 1045131 located at 1113 E. Washington Street, Santa Ana, California. The agent observed the following violation: 2.a. 47 C.F.R. 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: (a) Shall 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
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- noncompliance in 2004 as useful background demonstrating the context of the misconduct that is within the statute of limitations period and thus covered by this NAL. Moreover, we may consider prior violations in determining the appropriate forfeiture amount for violations within the statute of limitations. See Roadrunner Transp. Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000). 4See 47 C.F.R. 17.48. TC received a Notice of Violation on November 16, 2001 for failing to exhibit obstruction lighting on antenna structure # 1028287, located in Suffolk, Virginia. 5Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission
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- intensity flashing white obstruction light mounted at the top level, in accordance with FAA Circular 70/7460- 1J/, chapters 4, 6 and 13. During the inspection, the agent observed that the medium intensity flashing white obstruction light was not functioning. The agent also determined that the malfunction had not been reported to the Federal Aviation Administration, as required under 47 C.F.R. 17.48. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Norfolk Southern Corp., must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation
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- OF APPARENT LIABILITY FOR FORFEITURE Released: January 19, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Communications Relay Corporation (``CRC''), willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure #1019247. We conclude, pursuant to Section 503(b) of the Act,3 that CRC is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. According to
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- Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that El Dorado 900, LLC ("El Dorado"), owner of antenna structures #1041256 and #1041257 in the City of Industry, California, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and for failing to comply with the Commission's registration requirements for antenna structure #1041256. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that El Dorado 900, LLC is
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- which is registered with the Commission and has been assigned lighting specifications referenced in this part shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly." No quarterly tower inspections had been conducted. d. 47 C.F.R. S 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 shall 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
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-264731A1.html
- of the Commission's Atlanta Office inspected antenna structure 1055362 located at Jernigan, Alabama and observed the following violation(s): a. 47 C.F.R. S 17.4(g): "The antenna structure registration number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." The antenna structure had no ASR number visible. b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ...shall report immediately by telephone or telegraph to the nearest Flight Service Station or office of the Federal Aviation Administration any observed or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266562A1.html
- sent by Certified Mail, Return Receipt Requested, and regular mail, to T-Mobile West Corporation, 12920 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. S 303(q). 47 C.F.R. S 17.23. 47 U.S.C. S 503(b). See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 8, and 13. Section 17.48 of the Rules requires antenna structure owners to immediately notify the FAA of 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. 47 C.F.R. S 17.48. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-268870A1.html
- including the requirement for red obstruction lighting. Therefore, Patrick is required to exhibit red obstruction lighting on its structure from sunset to sunrise. From at least February 2006 to June 15, 2006, Patrick failed to exhibit red obstruction lighting on its structure. There was no evidence of proper notification to the FAA of the light outage as required by Section 17.48(a) of the Rules. Patrick's owner and chief operator stated he knew of the light outage since February 2006. Therefore, this violation was willful and repeated. 10. Based on the evidence before us, we find that Patrick apparently willfully and repeatedly violated Sections 17.4(a), 17.50, and 17.51 of the Rules by failing to register its antenna structure, failing to maintain good
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- of the Commission's Rules, to Bruce L. Miller, registrant of antenna structure # 1052370 in Englewood, Colorado. 2. On November 27 and November 28, 2006, an agent of the Enforcement Bureau's Western Regional Office conducted a visual inspection of antenna structure # 1052370, located at 3150 S. Vallejo Street, Englewood, Colorado, and observed the following violation: a. 47 C.F.R. S 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269871A1.html
- January 12, 2007 By the Resident Agent, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pembrook Pines Elmira, Ltd. ("Pembrook"), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, apparently willfully and repeatedly violated Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules ("Rules") by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-270800A1.html
- # 1027115 ) FRN 0006161855 Hollidaysburg, PA ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 22, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Forever of PA, Inc. ("Forever"), registrant of antenna structure # 1027115, apparently willfully violated Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Forever is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2.
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- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Comcast's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Act, that Comcast is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1005634 is located approximately 3.5 miles northeast from the Pearson Airport in Vancouver, Washington. The Commission requires antenna structure owners to maintain painting and lighting on antenna
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272194A1.html
- 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." 47 C.F.R. S 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. S 17.48. 47 C.F.R. S 73.1745. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 12 FCC Rcd 17087 (1997), recon.
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- ("Rules"); and by failing to immediately notify the Commission of change in ownership information, a violation of Section 17.57 of the Rules. Plascencia's failure to make the required observations of the lighting on antenna structure #1062806 resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Plascencia is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. Antenna structures 1062806, 1062807, and 1062808 comprise the three-tower array used by KOXR(AM) to serve Oxnard, California. Lazer Broadcasting Corporation, is the licensee
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- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Threshold's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Threshold is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1015782 is an antenna tower of 82.8 meters (271.7 feet) in height above ground. It is tower one in a three-tower
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277847A1.html
- Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cablevision of Newark, owner of antenna structure 1045843. 2. On May 1, 2007, an agent of the Commission's New York Office inspected the antenna structure, ASR # 1045843, located in Newark, New Jersey, and observed the following violation: a. 47 C.F.R. S17.48(a): "The owner of any antenna structure which is registered ... Shall 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
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- Columbia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Metro Radio, Inc. ("Metro"), owner of Antenna Structure Registration (ASR) # 1018735 and licensee of AM station WKCW in Warrenton, Virginia, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, and Sections 17.51(a), 17.48(a), and 17.57 of the Commission's Rules ("Rules") by failing to exhibit red obstruction lighting from sunset to sunrise, failing to immediately notify the Federal Aviation Administration ("FAA") of a known light outage, and failing to notify the Commission of a change in ownership of the antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as
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- 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 47 C.F.R. S: 17.48(a). 47 C.F.R. S: 1.80. 7 American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.doc
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- designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Western Slope's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. Finally, Western Slope apparently repeatedly failed to immediately notify the Commission of a change in ownership information for antenna structure number 1023390, a violation of section 17.57 of the Commission's Rules ("Rules"). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Western Slope is apparently liable for a forfeiture in
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279954A1.html
- Freeport, New York ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 25, 2008 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WGBB-AM, Inc. ("WGBB"), owner of antenna structure 1064894 located in Freeport, New York, apparently willfully and repeatedly violated Sections 17.48(a) and 17.57 of the Commission's Rules ("Rules") by failing to report immediately to the nearest Flight Service Station or office of the Federal Aviation Administration an observed and known extinguishment of the tower's top red flashing obstruction light and by failing to immediately notify the Commission of a change of ownership of its antenna structure. We conclude, pursuant to Section
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. New Inspiration's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that New Inspiration Broadcasting Co., Inc. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1207183 is an antenna tower of 105.5 meters (346.128 feet) in height above ground. It is tower
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-281367A1.html
- Number was displayed at the base of the antenna tower or on the fence surrounding the antenna tower. b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." An hour after sunset on March 13, 2008, the agent observed that the top obstruction light was not illuminated. c. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is registered with the Commission..., shall 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,
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- and not less than 12 flashes per minute, and Paragraph 11 requires that the structure have at least two red obstruction lights installed at its midpoint. On the evening of May 15, 2008, the agents observed that the side lights were not functioning and the top beacon was flashing no more than three times per minute. b. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- 16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Douglas G. Miller District Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.51(a), 17.57. 47 U.S.C. S: 503(b). Section 17.48 (a) of the Rules states that "The owner of any antenna structure which is registered...[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
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
- 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." 47 C.F.R. S: 17.47(a)(2). See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station of office of the Federal Aviation Administration any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286481A1.html
- this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Qualicom Systems, Inc. ("Qualicom"), owner of antenna structure number 1012977 located in Estero, Florida, apparently willfully and repeatedly violated Section 17.4(g) of the Commission's Rules ("Rules") by failing to display in a conspicuous place the Antenna Structure Registration ("ASR") number for its antenna structure and apparently repeatedly violated Section 17.48(a) of the Rules by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Qualicom is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On September 15, 2008, in response to
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- APPARENT LIABILITY FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Taylor Communications, Inc. ("Taylor"), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules ("Rules") by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Taylor is apparently liable for a forfeiture in the amount
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-288510A1.html
- but the determination was modified by the FAA on August 10, 2005, to require painting and lighting in accordance with FAA Advisory Circular 70/7460-1K Paragraphs 4, 8, and 12. Industrial must submit Form 854 to the Commission to change the painting and lighting specifications to be consistent with the current FAA determination of no hazard. b. 47 C.F.R. S: Section 17.48(a) of the Rules states that "[t]he owner of any antenna structure which is registered...[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
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- of an antenna structure is required to "report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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." 47 C.F.R. S: 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(b), 17.57. 8 See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.doc
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- maintained indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Baybridge's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Baybridge Communications, L.L.C. is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. Antenna structure #1023097 is an antenna tower of 70.4 meters (approximately 231 feet) in height above ground. It is a tower used
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- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Prairie View A&M University, owner of antenna structure # 1056336 in Prairie View, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1056336 located near Prairie View, Texas, and observed the following violation(s): a. 47 C.F.R. S: 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: Shall 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
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- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Hawaiian Telcom's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hawaiian Telcom is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1002607 is an antenna tower of 47 meters (approximately 154 feet) in height above ground. The registered owner is Hawaiian Telcom.
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- 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." 47 C.F.R. S: 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. S: 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(b) and 17.57. 8 See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.doc
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- January 25, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Big Fish Broadcasting, L.L.C. ("Big Fish"), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules ("Rules") by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration ("FAA") immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
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- register or detect any failure of such lights, a violation of Section 17.47(a) of the Rules. Foursquare Gospel's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. Foursquare Gospel's failure to maintain required lighting on the antenna structure and comply with the FCC's rules created a hazard to air navigation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Foursquare Gospel is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND
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- 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KFW Communications LLC dba Almega Cable, Inc. ("KFW"), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to install operational Emergency Alert System ("EAS") equipment, failing to display the Antenna Structure Registration ("ASR") number in a conspicuous place so that it is readily visible near the base of the antenna structure, failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failing to exhibit
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- FORFEITURE Released: February 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KFW Communications LLC dba Almega Cable Inc. ("KFW"), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to install operational Emergency Alert System ("EAS") equipment, failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that KFW is
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 16, 2010 By the Resident Agent or San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Puerto Rico Telephone Company Inc. ("PRTC"), owner of antenna structure number 1010661, in Aguadilla, Puerto Rico, apparently willfully and repeatedly violated Sections 17.48 and 17.51(a) of the Commission's Rules ("Rules") by failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage and failing to exhibit red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that PRTC is apparently liable for a forfeiture in the amount of ten
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- 1934, as amended ("Act"), to James Davis for failing to notify the Commission immediately of a change in antenna structure ownership, failing to maintain the paint on an antenna structure, failing to exhibit required obstruction lighting from sunset to sunrise, and failing to notify the Federal Aviation Administration of a lighting outage in violation of Sections 17.57, 17.50, 17.51, and 17.48(a) of the Commission's Rules ("Rules"). 2. Antenna structure # 1214169 is 112.2 meters above ground and is required to be painted and lit. As of February 8, 2010, according to the Antenna Structure Registration ("ASR") database, Marshall Media Group, Inc. is the registered owner of the structure. 3. On May 4 and 8, 2009, an agent of the Commission's Houston
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- January 26, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Big Fish Broadcasting, L.L.C. ("Big Fish"), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules ("Rules") by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration ("FAA") immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-313200A1.html
- (WXXI), licensee of AM Radio Station WXXI in Rochester, New York and registrant of antenna structure numbers 1003954, 1003955, 1003956, and 1003957 (Antenna Structures) in Brighton, New York. 2. On February 22, 2012, agents of the Commission's Philadelphia Office inspected the Antenna Structures located at 560 French Road, Brighton, New York and observed the following violations: a. 47 C.F.R. S: 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 shall 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
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- Chief, Enforcement Bureau 47 C.F.R. § 17.51(a) and (b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. X3268003 (Enf. Bur., San Juan Office, released September 25, 2000). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). See 47
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- medium intensity obstruction lighting in operation. The agent searched Commission and industry databases and found no antenna structure registration for this tower. On October 2, 2000, the agent contacted the Federal Aviation Administration's San Juan Flight Service Station (``San Juan FSS'') to find out whether there was a Notice to Airmen (``NOTAM'') in effect for the Juana Diaz tower. Section 17.48(a) of the Rules requires that tower owners immediately report to the nearest FAA Flight Service Station or office any extinguished or improperly functioning obstruction lights not corrected within 30 minutes. The FAA then issues a NOTAM for a period of 15 days advising aircraft pilots that there is an antenna structure at a specific location with a temporary light outage.
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- of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta
- http://transition.fcc.gov/eb/Orders/2001/da012053.doc http://transition.fcc.gov/eb/Orders/2001/da012053.html
- David H. Solomon Chief, Enforcement Bureau 47 C.F.R. § 17.51(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132700007 (Enf. Bur., Tampa Office, released April 25, 2001). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). 47 U.S.C.
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- Sen. Rep. No. 95-580 at 3 (1977), reprinted in 1978 U.S.C.C.A.N. at 109, and H.R. Conf. Rep. 101-386 at 435 (1989), reprinted in 1989 U.S.C.C.A.N. at 3018). The Kansas City Field Office issued NOVs to Central States Microwave Transmission Company on June 21, 2000 (for violation of Section 17.4 of the Rules); on January 19, 2001 (for violation of Section 17.48 of the Rules); and on January 23, 2001 (for violation of Section 17.48 of the Rules). The Kansas City Field Office issued two separate NOVs to Broadwing on September 27, 2000 (both for violations of Sections 17.4 and 17.57 of the Rules). The Denver Field Office issued an NOV to Rio Grande on March 21, 2001 (for violation of Section
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- Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132640006 (Enf. Bur., Norfolk Office, released August 16, 2001). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- TeleCorp. Antenna Structure Registration Number 1064593. The FCC requires owners of antenna structures registered with the FCC and subject to lighting specifications to notify the FAA of ``any observed or otherwise 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.'' 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM for a period of 15 days advising pilots that there is an antenna structure at a specific location with a temporary light outage. Antenna Structure Registration Number 1206008. Antenna Structure Registration Number 1203643. Antenna Structure Registration Number 1208552. 47 C.F.R. § 17.51. See 47 C.F.R. § 1.80(b)(4) n. Guidelines for Assessing Forfeitures, Section I.-Base
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- 200232400003 ) Warren, Ohio ) FRN 0006-1146-64 FORFEITURE ORDER Adopted: November 13, 2002 Released: November 15, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Beacon Broadcasting, Inc. (``Beacon''), the licensee of WGRP(AM), Greenville, Pennsylvania, for willful and repeated violation of Sections 17.4(g), 17.48(a), and 17.50 of the Commission's Rules (``Rules'').1 The noted violations involve Beacon's failure to post the Antenna Structure Registration (``ASR'') numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna structures. 2. On June 14, 2002, the Commission's Philadelphia, Pennsylvania (``Philadelphia Office'')
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- Commission that consummation of the assignment took place on November 11, 1998. Accordingly, we accept Bestov Broadcasting's response to the NAL and re- caption this proceeding. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Failures to observe antenna structure lighting, log light outages, and notify the FAA are separate violations under Part 17. See 17.47, 17.48, 17.49. 8 Eleven Ten Broadcasting, Corp., 32 FCC 706, 707-08 (1962) (``Inherent in such contention, however, is the view that a licensee who delegates to persons it deems responsible, authority to operate and manage a station cannot be held responsible for their activities if it is unaware of them. This is, of course, a completely untenable view. ''). 9 See
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- Enforcement Bureau _________________________ 1 47 C.F.R. 17.4(g) and 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232640005 (Enf. Bur., Norfolk Office, released June 13, 2002). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 Media stated that the number ``FRN 006-5587-53'' is now posted at the tower site. This is not
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- Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to El Dorado 900, LLC (``El Dorado''), owner of Antenna Structure Registration # 1041257, in City of Industry, California, for willful violation of Section 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Commission's Rules (``Rules'').2 The noted violations involve: (1) failure to maintain required lighting on the antenna structure; (2) failure to 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; (3) failure to
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- 20016. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 2 47 C.F.R. 17.51(a). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- 4 47 C.F.R. 17.4. 5 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R. 17.48. 9 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- addition, in June and July 1999, the Wireless Telecommunications Bureau sent letters to licensees informing them that the Commission had no valid registration for their antenna site and that owners and, to the extent they were liable, tenants could face monetary forfeitures for antenna structures that remained unregistered. 9 47 C.F.R. 17.47. 10 47 C.F. R. 17.56. 11 47 C.F.R. 17.48. 12SpectraSite Communications, Inc., 16 FCC Rcd 809 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001). 13 SpectraSite Communications, Inc., (Enf. Bur., Tampa Office rel. Apr. 25, 2001), forfeiture ordered, 16 FCC Rcd 17668 (Enf. Bur. 2001). 14 ASR number 1230615. 15 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures
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- the side intermediate lights be steady burning. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless confirmed that a side intermediate light on the tower was flashing, rather than steady burning as required. Tyler, Texas - File No. EB-01-DL-696 9. On August 15, 2001, an agent from the Commission's Dallas, Texas Field Office (``Dallas Office'') inspected an antenna structure located at 8562
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- Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 301 and 303(q). 2 47 C.F.R. 17.51 and 73.1350(a). 3 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526. 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.47 6 47 C.F.R. 17.51. 7 47 C.F.R. 17.56 8 47 C.F.R. 17.48 9 47 C.F.R. 11.35(c). 10 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- 1 Eure Family Limited Partnership, DA 02-878 (released April 17, 2002). 2 Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 3 47 C.F.R. 17.51(a). 4 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 5 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- burning as required by the tower's ASR. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless admitted that a side intermediate light on the tower was flashing, rather than steady burning, and stated that it had taken steps to repair the light. In the NAL, the Commission cited AT&T Wireless for apparently failing to conform to the FAA's painting and lighting specifications
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- (unauthorized power) by failing to change to its critical hours directional array as required by its license;8 Section 17.50 (antenna cleaning and repainting) by failing to repaint its tower structures after seventy-five percent of their orange and white paint had flaked off;9 Section 17.51 (time when lights should be exhibited) by leaving its towers completely unlit during nighttime hours;10 Section 17.48 (notification of extinguishment or improper functioning of lights) by failing to report the station's tower light extinguishment to the FAA Flight Service Station nearest Moultrie, Georgia;11 Section 17.4 (antenna structure registration) by failing to register its station towers with this agency;12 Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness;13 Section 11.15 (EAS operating handbook) by failing
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- evening, he failed to notify the FAA of the outage immediately. That Mr. Lovejoy believed that there would be no harm in waiting until the next morning to notify the FAA of the lighting outage because there was a lit tower nearby does not excuse his failure to notify the FAA of the lighting outage immediately, as required by Section 17.48(a) of the Rules. Moreover, the Commission has long held that licensees and other Commission regulatees are responsible for the acts and omissions of their employees.9 Thus, Mortenson is responsible for Mr. Lovejoy's failure to notify the FAA. Accordingly, based on the record before us, we conclude that Mortenson willfully violated Section 17.51(a) of the Rules. 11. We find that Mortenson's
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- 2003 Released: January 22, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to South Central Communications Corp. (``SCCC''), owner of an antenna structure with Antenna Structure Registration (``ASR'') number 1043695 in Sevierville, Tennessee, for willful and repeated violations of Sections 17.47(a)(2), 17.48(a), and 17.51 of the Commission's Rules.1 The noted violations involve SCCC's failure to maintain an automatic alarm system designed to detect any failure of its antenna structure lights and provide notification of such failure to the structure owner, failure to notify the Federal Aviation Administration (``FAA'') immediately of an obstruction lighting outage on its antenna structure, and failure to exhibit
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- FSS for this tower light outage and copies of logs and other records which indicate, among other things, when the alarm system generated an alert that the light was out, when the NOTAM was opened, when repairs were made, and when the NOTAM was closed. The documentation provided by Cingular Wireless indicates that Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the
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- Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700018 (Enf. Bur., Tampa Office, released July 17, 2002). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a Notice to Airmen (``NOTAM''), a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Section 312(f)(2)
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- Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560017 (Enf. Bur., Kansas City Office, released July 24, 2002). 3 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Although VoiceStream argues that its tower lighting violations were neither willful nor repeated, it provides nothing to support its claim that the violations were not repeated. 8 See 47 U.S.C. 312(f)(2). 9 Koke, Inc., 23 FCC 2d 191 (1970). 10 See also Callais Cablevision, Inc., 17 FCC
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- provided a copy of its contract with Edmiston Tower, Inc., entered into after the NOV, to paint antenna structure #1025371. 5. On July 25, 2002, the Philadelphia Office issued a NAL for a forfeiture in the amount of $15,000 to Calvary. The NAL alleged willful and repeated violation of Sections 17.4(g) (failure to post the ASR number at tower #1025371), 17.48(a) (failure to report known lighting outage to the Federal Aviation Administration at tower #1025371), 17.50 (failure to adequately paint antenna structure at tower #1025371) and 17.51(a) (failure to exhibit all red obstruction lighting between sunset and sunrise at tower #1025371) of the Rules. In its response, filed July 19, 2002, Calvary denies violating Section 17.48(a) of the Rules. Calvary admits
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- 2003 Released: October 15, 2003 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a fifteen thousand dollar ($15,000) Notice of Apparent Liability for Forfeiture (``NAL'')1 issued to Nextmedia Operating, Inc. (``Nextmedia''), licensee of AM broadcast Station WJET and owner of antenna structure number 1027118 in Erie, Pennsylvania, for willful violation of Sections 17.47(a)(1), 17.48(a), and 17.51(a) of the Commission's Rules (``Rules'').2 The alleged violations involve Nextmedia's failure to make an observation of the antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunset to sunrise. Based on our review of Nextmedia's response
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- 9 47 U.S.C. 503(b)(2)(D). 10 See, e.g., Notice of Violation, EB-02-DL-075 (Enf. Bur., Dallas, Texas Office, April 2, 2002) (notifying Concho that it violated 47 C.F.R. 1.903(a) by operating from an unauthorized site from November 1, 2001 through March 15, 2002); Notice of Violation, EB-01-DL-126 (Enf. Bur., Dallas, Texas Office, January 16, 2001) (notifying Concho that it violated 47 C.F.R. 17.48(a) by failing to provide FAA notice of a lighting outage); Notice of Violation, EB-00-DL-347 (Enf. Bur., Dallas, Texas Office, December 11, 2000) (notifying Concho that it violated 47 C.F.R. 17.6(a) and 17.50 by failing to paint its antenna structure in accordance with ASR specifications) 11 Cf. CCN, Inc., et al., Order to Show Cause, 13 FCC Rcd 13599 (1998) (revoking
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- the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license
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- _________________________ 1 47 C.F.R. 17.51(b). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232480029 (Enf. Bur., Atlanta Office, released September 30, 2002). 3 ``Trouble Ticket History'' for ``ASR #1216312'', by Flash Technology, submitted with Signal's reply to the NAL. 4 Statement by Signal in response to the NAL. 5 Signal's statement is provided to demonstrate its compliance with Section 17.48 of the Rules, 47 C.F.R. 17.48. That rule requires a report to the FAA of certain lighting outages if the outage is not corrected within 30 minutes. However, Signal's compliance with that rule is not before us as Signal was not cited for a violation of Section 17.48 of the Rules. 6 47 U.S.C. 503(b). 7 47 C.F.R. 1.80. 8
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- Hospitals $29 Million in Annual Receipts or Less Nursing Homes $11.5 Million in Annual Receipts or Less Hotels and Motels $6 Million in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) _________________________ 1 47 U.S.C. 303(q). 2 47 C.F.R. 17.51(b) and 17.4(a). 3 47 C.F.R. 17.21. 4 47 C.F.R. 17.23. 5 47 C.F.R. 17.47. 6 47 C.F.R. 17.48. 7 47 C.F.R. 17.7. 8 47 C.F.R. 17.4. 9 47 C.F.R. 17.57. 10 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 11SpectraSite Communications, Inc.,
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- 1 47 C.F.R. 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332700010 (Enf. Bur., Tampa Office, released December 2, 2002). 3 Antenna Structure Registration number 1062835, located at 29 16' 0.9'' North Latitude, 081 04' 53'' West Longitude. 4 The four antenna structures that comprise the directional AM array are required to be individually lighted. 5 47 C.F.R. 17.48(a) requires the tower owner to immediately inform the FAA of any light failure not repaired within 30 minutes. In its January 2, 2003 response, Wings admits that it had not notified the FAA as of October 1, 2002. 6 The Commission's Antenna Structure Registration database lists Wings Communications, Inc. dba WELE Radio as the owner of the instant antenna structure,
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- the company hired by PCI to monitor remotely its antenna structure and notify the Federal Aviation Administration (``FAA'') of any outages, did not detect this outage. PCI contacted United Tower Inc. (``UTI'') in Wichita, Kansas and contracted with it to conduct repairs on the structure.3 The FAA was not notified of the lighting outage on the structure consistent with Section 17.48(a) of the Rules.4 4. On December 3, 2002, a Commission agent from the Kansas City Office inspected PCI's antenna structure and observed that there was no lighting between the 1/2 overall height level and the top most flashing beacon and that a beacon at the 1/3 overall height level was lighted but not flashing. After being so informed by the
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- 1.80. 51. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 61. 47 U.S.C. 503(b)(2)(D). 71. The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 81. 47 C.F.R. 17.47. 91. See Professional Communications, Inc., DA 04-1600, EB-02-KC-806 (Enf. Bur. 2004). 10 See Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 1. 21871 (2002). 111. Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994). 121. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to
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- tower reaches its greatest height, the construction project manager must again obtain confirmation from the FCC Specialist confirming that all construction obligations have been satisfied. 3. Monitoring of Lighting and Signage: Responsibility for monitoring lighting and signage on Unocal towers is vested with the FCC Specialists, although such responsibility may be delegated to third party contractors. Pursuant to 47 C.F.R 17.48, when a lighting outage is detected, a Notice to Airman (``NOTAM'') will be requested from the FAA if the outage cannot be corrected within 30 minutes. Failure of remote monitoring equipment or other communications failure will not relieve Unocal of its responsibility for compliance with FCC regulations. Unocal will provide the FAA with the information necessary to conduct a thorough
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- ) FORFEITURE ORDER Adopted: September 29, 2004 Released: October 1, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Urban Radio of Pennsylvania, L.L.C. (``Urban Radio''), licensee of Station WURP, Philadelphia, Pennsylvania, for willful and repeated violation of Sections 17.47(a), 17.48(a) and 17.51(a) of the Commission's Rules (``Rules'').1 The noted violations involve Urban Radio's failure to exhibit red obstruction lighting on its antenna structure, failure to make observations of the obstruction lighting once every 24 hours and failure to notify the Federal Aviation Administration of an obstruction lighting outage. 2. On January 6, 2003, the Commission's Philadelphia, Pennsylvania District Office (``Philadelphia
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- 17 FCC Rcd 21866, 21875-76 (2002). 13 We note that while the violation continued for several days, Mr. Estrada admittedly failed to properly respond to the known outage by taking the necessary steps to inform the FAA of the outage until after being notified of that responsibility by one of the investigating agents on December 16, 2002. See 47 C.F.R. 17.48 (requiring a tower owner to notify FAA of any outage not repaired within thirty minutes of discovery). Further, at the time of our agents' inspection of the tower, they did not observe evidence that corrective measures were underway. 14 Id. at 21870-71(finding that a downward adjustment was not warranted on the grounds that there was no indication that the unpainted
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- 2004 Released: December 6, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to WLTH Radio, Inc. (``WLTH''), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules (``Rules'').1 The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration (``FAA'') of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. 2. On December 23, 2003, the District Director of the Commission's Chicago, Illinois, Field
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- 2004 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture1 issued in the amount of thirteen thousand dollars ($13,000) to CenturyTel Wireless of Michigan RSA #1&2, Inc. (``CenturyTel'') for its apparent willful and repeated violation of Section 303(q) of the Communications Act of 1934 as amended (``Act''),2 and of Sections 17.48(a) and 17.51(b) of the Commission's Rules (``Rules'').3 The alleged violations involve CenturyTel's failure to exhibit top obstruction lighting on a tower and to report an outage of obstruction lighting to the nearest Flight Service Station or office of the Federal Aviation Administration. Based on our review of CenturyTel's response to the NAL, we conclude that CenturyTel did not willfully and/or
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- be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a), 17.57 and 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). 3 Section 17.48(a) of the Rules, 47 C.F.R. 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues a ``NOTAM'' concerning the outage. 4 According to records provided by Westshore, the most recent NOTAM was issued on May 8, 2002. 5 47
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- the Commission's concerns. 10. The Bureau considered the factors enumerated in Section 503(b) and, because of Barinowski's good faith efforts, reduced the forfeiture amount. Moreover, we believe that Barinowski has misinterpreted our decisions in the Nextmedia, Pinnacle, and Midwest cases. In Nextmedia, the Commission's Buffalo, New York Office had issued a NAL to Nextmedia for its violation of Sections 17.47(a)(1). 17.48(a), and 17.51(a) of the Rules.22 The violations involved Nextmedia's failure to make an observation of its antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunrise to sunset. The Bureau cancelled the forfeiture because we specifically found that Nextmedia
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- Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules").2 On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure by Lotus
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- Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARB, Inc.''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, for willful and repeated violation of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules'').1 The noted violation involves failure by ARB, Inc. to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident
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- 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to El Dorado 900, LLC ("El Dorado") owner of antenna structures #1041256 and #1041257 in the City of Industry, California, for willfully and repeatedly violating Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules"). The noted violations include failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and failing to comply with the Commission's registration requirements for antenna structure #1041256. 2. On February 9, 2006, the District Director of the Enforcement Bureau's Los Angeles Office issued a Notice of
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- August 30, 2005, by Lotus Communications Corporation ("Lotus") registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND 2. On March 22, 2004, the Los Angeles Police
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- NW, Suite 301, Washington, DC 20016. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632640004 (Enf. Bur., Norfolk Office, November 23, 2005) ("NAL"). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 17.51. See 47 C.F.R. S 17.48. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission
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- Released: December 22, 2006 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Communications Relay Corporation ("CRC"), for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules"). On January 19, 2006, the Los Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to CRC after determining that CRC apparently willfully and repeatedly failed to comply with the antenna structure registration ("ASR") lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- the petition for reconsideration filed by WLTH Radio, Inc. ("WLTH"), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures. WLTH seeks reconsideration of a Forfeiture Order issued by the Enforcement Bureau ("Bureau") on December 16, 2004, in the amount of sixteen thousand dollars ($16,000) to WLTH, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration ("FAA") of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. For the reasons discussed below, we reduce the forfeiture amount to four thousand dollars
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- registrant is expected to correct errors when they are brought to the entity's attention and that such correction is not grounds for a downward adjustment in a forfeiture. 13. Finally, we note that Entravision does not dispute the fact that it failed to notify the FAA's Riverside FSS of the light outage on antenna structure #1015656, as required by Section 17.48 of the Rules. This failure on Entravision's part required the San Diego Office to request the Riverside FSS to issue a 15 day NOTAM. Additionally, Entravision does not dispute and, in fact acknowledges in its Response, that for at least the middle part of March 2006, no daily observations were made by Entravision staff, as required by Section 17.47(a) of
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- done to replace the tower light monitoring system. Multicultural also notes that Section 17.56 of the Rules states that replacing or repairing lights shall be accomplished "as soon as practicable" and that antenna structure #1013937 is located in a remote area. Multicultural acknowledges, however, that it failed to notify the FAA of the tower light outage as required by Section 17.48 of the Rules. 10. Reductions based on good faith efforts to comply generally involve situations where violators demonstrate that they initiated measures to correct or remedy violations prior to a Commission inspection or investigation. While Multicultural has produced evidence that both its tower light monitoring system and the extinguished light itself have been repaired, it has produced no evidence that
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- Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Western Slope Communications, LLC, ("Western Slope") owner of antenna structure number 1023390, near Rifle, Colorado, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On December 7, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture ("NAL") to Western Slope in the amount of $13,000 after determining that Western Slope apparently repeatedly failed to comply with the antenna structure registration ("ASR") lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Western Slope Communications, LLC, ("Western Slope") registrant of antenna structure number 1023390, near Rifle, Colorado. The Consent Decree terminates an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). 1. The Bureau and Western Slope have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent
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- Commission (the "FCC" or "Commission") and Western Slope Communications, LLC, ("Western Slope") owner of antenna structure number 1023390, near Rifle, Colorado, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, Title 47 of the United States Code. b. "Adopting Order" means an order of the Bureau adopting the terms and conditions of this Consent Decree. c. "Bureau" means the
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- # 1027115 ) FRN 0006161855 Hollidaysburg, PA ) ) FORFEITURE ORDER Adopted: February 20, 2008 Released: February 21, 2008 By the Acting Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Forever of PA, Inc. ("Forever") for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. II. BACKGROUND 2. On February 22, 2007, the Commission's Buffalo Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Forever for failure to properly maintain the
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- not issue a NOTAM at that time, because the agents were not the owner of the structure. Local sunset on this date was 5:30 PM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620002 (Enf. Bur., New Orleans Office, April 6, 2007) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 C.F.R. S: 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. S: 17.48. As provided by 47 U.S.C. S: 312(f)(2), a continuous violation is "repeated" if it continues for more than one day. The Conference Report for Section
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- Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Pembrook Pines Elmira, Ltd. ("Pembrook"), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules ("Rules") by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. II. BACKGROUND 2. On January 12, 2007, the Buffalo Field Office issued a Notice
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- Corporation ("CRC"), registrant of antenna structure #1019247, in Claremont, California. CRC seeks reconsideration of the Forfeiture Order, issued by the Western Region, Enforcement Bureau ("Region"), in which CRC was found liable for a monetary forfeiture in the amount of $13,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Commission's Rules ("Rules"). For the reasons discussed below, we deny CRC's Petition. II. BACKGROUND 2. According to the Commission's ASR database, antenna structure #1019247 is required to have painting and lighting in accordance with Chapters 3, 4, 5 and 13 of FAA Circular 70/7460-1J. Specifically, the structure is required to be painted and have obstruction
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- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Threshold Communications ("Threshold"), owner of antenna structure #1015782, near Waterford, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), and 17.48 of the Commission's Rules ("Rules"). On September 28, 2007, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Threshold for failing to exhibit the structure's red obstruction lighting from sunset to sunrise; by failing to make observation of the antenna structure's lights at least once each 24 hours
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- of an antenna structure is required to "report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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." 47 C.F.R. S: 17.48. See e.g., Syntax-Brillian Corporation, Forfeiture Order and Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 6323 (2008); AT&T Wireless Services, Inc., Forfeiture Order, 17 FCC Rcd 21866 (2002); Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994). 47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4), 17.51(b), 17.57. 47 U.S.C. S: 504(a). Federal Communications Commission DA 09-1184
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- 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 (2003). Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 13038 (MB 2002). Forfeiture Order, 18 FCC Rcd 21375 (EB 2003). See 47 C.F.R. S: 17.48 (owners shall report immediately to the FAA any observed or known extinguishment or improper functioning of any top steady burning light not corrected within 30 minutes). See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where it represented approximately 2.02 percent of the violator's gross revenues); Local Long Distance, Inc., 16 FCC Rcd
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- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eleven thousand ($11,000) to Ely Radio LLC, ("Ely") owner of antenna structure number 1005854, in Winnemucca, Nevada, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On October 31, 2008, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture ("NAL") to Ely in the amount of $13,000 after determining that Ely apparently repeatedly failed to comply with the antenna structure registration ("ASR") lighting, monitoring, record keeping, and notification requirements specified for antenna structure number
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- 2010 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. ("KFW"), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve KFW's failure to install operational Emergency Alert System ("EAS") equipment, failure to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau ("Houston
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- Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. ("KFW"), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve KFW's failure to install operational Emergency Alert System ("EAS") equipment, failure to display the Antenna Structure Registration ("ASR") number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage,
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- Aviation Administration ("FAA") issued a Notice to Airmen regarding antenna structure number 1048971. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540001 (Enf. Bur., Houston Office, October 8, 2009) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 C.F.R. S: 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. S: 17.48 (requiring immediate notification to the FAA of any top steady or flashing obstruction lighting outage not repairable within 30 minutes). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any
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- Yorktown, Texas ) ) ORDER Adopted: July 26, 2011 Released: July 26, 2011 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Order ("Order"), we determine that no forfeiture penalty should be imposed on RAMCO Broadband Services ("RAMCO"). 2. In the Notice of Apparent Liability for Forfeiture ("NAL"), we found RAMCO apparently liable for violating sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's rules ("Rules"). Consistent with section 503(b)(4) of the Communications Act of 1934, as amended, RAMCO was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna
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- Released: September 12, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. ("Taylor"), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules ("Rules") and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND 2. On September 25, 2008, in response to a complaint alleging violations concerning
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- Enf. Bur. 2011). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated herein by reference. The Tower is 134.1 meters above ground in height and is required to be painted and lit. See Antenna Structure Registration Database, Registration Number 1058250. NAL at 5144-5145. Id. See also 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to James D. Wells, District Director, Dallas Office, dated June 3, 2011 ("NAL Response"). Karen
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- November 18, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Timothy J. Mullen ("Mullen"), registrant of antenna structure #1016437 in Cawelo, California, apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended, ("Act") and sections 17.51(a), 17.48, and 17.57 of the Commission's rules ("Rules") by failing to: (1) exhibit the antenna structure's red obstruction lighting from sunset to sunrise; (2) immediately notify the Federal Aviation Administration (FAA) of a known extinguishment of any flashing obstruction light; and (3) notify the Commission of the structure's ownership change. We conclude that Mullen is apparently liable for a forfeiture in
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- 405 of the Communications Act of 1934, as amended ("Act"), and section 1.106 of the Commission's rules ("Rules"), we deny in part and grant in part a Petition for Reconsideration ("Petition") filed by Forever of PA, Inc. ("Forever"). The Petition seeks reconsideration of a Forfeiture Order that imposed a monetary forfeiture of $10,000 against Forever for willfully violating sections 17.47, 17.48, and 17.51(a) of the Rules by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. For the reasons set forth below, we grant in part and deny in part the Petition and reduce the forfeiture to $8,000. I. background 2. Forever is the registrant of antenna structure # 1027115 (the "Antenna
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- In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to International Church of the Foursquare Gospel DBA Radio Station KFSG FM ("Foursquare Gospel"), registrant of antenna structure #1012525 in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.6, 17.47(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve Foursquare Gospel's failure to exhibit the structure's red obstruction lighting from sunset to sunrise; failure to maintain the antenna structure painting and lighting in accordance with its Antenna Structure Registration ("ASR"); failure to monitor the antenna structure's lights using a properly maintained indicator and/or automatic alarm system designed to
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to KFW Communications LLC at P.O. Box 479, Bedford, TX 76021. FEDERAL COMMUNICATIONS COMMISSION Robert C McKinney District Director Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. S: 17.47. See infra P: 7. See 47 C.F.R. S: 17.48 (requiring notification to the FAA of any observed or otherwise known extinguishment or improper functioning of tower lighting). See Letter from Robert C. McKinney, District Director, Kansas City Office, to KFW Communications, dated June 3, 2010. See Letter from Charles Wesley, Technical Support, KFW, to Robert C. McKinney, District Director, Kansas City Office, dated June 18, 2010 ("First LOI Response");
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- of the structure in the Antenna Structure Registration ("ASR") database. See also Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas Office, dated October 15, 2010. Ms. McMillan admitted that Andrews Tower Rental Inc. appeared to still own the tower. 4 See Antenna Structure Registration Database, Registration Number 1058250. See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on July 8, 2010, at the agent's request. On July 8, 2010, Andrews Tower's owner responded to the voice message stating
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- this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Miller Communications, LLC, ATTN: Jim Miller, 14 Polkville Rd, Columbia, NJ 07832. FEDERAL COMMUNICATIONS COMMISSION Douglas Miller District Director, Atlanta Office South Central Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S:S: 17.47(a), 17.51(a). See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on December 9, 2010, at the agent's request. Miller was first contacted on December 9, 2010 about the Tower, but denied
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 13, 2011 Released: January 13, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that RAMCO Broadband Services ("RAMCO"), owner of antenna structure number 1045666, in Yorktown, Texas, apparently willfully and repeatedly violated sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's Rules ("Rules") by failing to: (1) display the Antenna Structure Registration Number ("ASRN") in a conspicuous place so that it is readily visible near the base of the antenna structure; (2) notify the Federal Aviation Administration ("FAA") immediately of a known extinguishment of any flashing obstruction lighting; (3) exhibit all red obstruction lighting from
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- West Jarvis Avenue, Skokie, Illinois 60076, and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850 M Street NW, Suite 240, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Ronald D. Ramage District Director, Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35, 17.51, 73.3526. 47 U.S.C. S: 303(q). 47 C.F.R. S: 73.1560(b). See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM for the antenna structure on January 28, 2011, at the agent's request. KM Radio acquired both stations in 2003. See File
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- Central Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). On May 31, 2011, the agent also contacted the Federal Aviation Administration (FAA) and learned no one had contacted the FAA about a light outage on the Antenna Structure and that a Notice to Airmen (NOTAM) had not been issued for the Antenna Structure. See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). A NOTAM for the Antenna Structure was issued June 1, 2011 after Telava contacted the FAA. Letter from Douglas G. Miller, District Director, Atlanta Office, to
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- to: (1) notify the Commission immediately of a change in antenna structure ownership; (2) exhibit required obstruction lighting from sunset to sunrise on two antenna structures; (3) notify the Federal Aviation Administration (FAA) immediately of the lighting outages; and (4) maintain the required paint on the Antenna Structures, in violation of Section 303(q) of the Act and Sections 17.57, 17.51, 17.48, and 17.50 of the Commission's rules (Rules), respectively. 2. North Chapel should take immediate steps to come into compliance and to avoid any recurrence of this misconduct, including maintaining current contact information in the Antenna Structure Registration (ASR) database, repainting the Antenna Structures, repairing the Antenna Structure lighting, and notifying the FAA of the lighting outages until they are repaired.
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- the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that James A. Davis, owner of antenna structure number 1214169 (the Antenna Structure), in Hearne, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules (Rules) by failing to: (1) notify immediately the Federal Aviation Administration (FAA) of an antenna structure light outage; (2) clean or repaint his antenna structure as often as necessary to maintain good visibility; (3) exhibit red obstruction lighting from sunset until sunrise; and (4) notify the Commission of a change in ownership
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- Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. S: 17.51(a). A Notice to Airmen (NOTAM) had been issued for the Antenna Structure but the FAA had issued it internally, without notification by Martin Broadcasting. See 47 C.F.R. S: 17.48 (requiring antenna structure owners to notify the FAA immediately of certain known lighting outages). See 47 C.F.R. S: 17.47 (requiring antenna structure owners to observe required lighting once every 24 hours or to install an automatic alarm system). 47 U.S.C. S: 503(b). 47 U.S.C. S: 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision [inserted in
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- in violation of Section 17.4 of the Rules, one for failure to repair or replace malfunctioning tower lights as soon as practicable in violation of Section 17.56 of the Rules, and one for failure to make daily observations of tower lighting and to notify the FAA upon resumption of normal operation of tower lighting in violation of Sections 17.47(a)(1) and 17.48(a) of the Rules. We consider tower lighting violations to be very serious due to the danger posed to aircraft. We are not persuaded that Crown's overall history of compliance justifies a reduction in the forfeiture. We have examined Crown's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a
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- West Bend, WI. Chicago, IL District Office (4/9/02). * Milwaukee Repeater Service, Inc., Allentown, WI. Chicago, IL District Office (4/11/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * SF New Orleans License Subsidiary, Inc., New Orleans, LA. New Orleans, LA District Office (4/9/02). * SpectraSite Communications, Inc., 1231204, Ellsworth, OH. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (4/29/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * United States Cellular, Canton, IL. Chicago, IL District Office (4/1/02). * Hill Country Real Estate Development Corporation, Chevy Chase, MD. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment) and
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- Fuente De Aqua Viva, San Juan, PR. $15,000 NAL. Other violations: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). San Juan, PR Resident Agent Office (5/14/02). * Sprintcom, Inc., Mount Vernon, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Detroit, MI District Office (5/24/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Emmis Television License Corporation, New Orleans, LA. $5,000 NAL. Other violation: 47 C.F.R. 17.57 (Report and Radio Transmitting Antenna Construction, Alteration, and/or Removal). New Orleans,
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- Fencing Requirements) and 73.1350 (Transmission System Operation). Norfolk, VA Resident Agent Office (6/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Number * Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). * Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.50 (Cleaning and Repainting). Philadelphia, PA District Office (6/14/02). * Seggi Broadcasting of Florida, Inc., Lake Wales, FL. $24,000 NAL. Other violations: 47 C.F.R. 17.23 (Specifications for Painting and Lighting Antenna Structures), 17.50 (Cleaning and Repainting) and 17.51 (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). * Moffatt
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- Commercial Stations). Denver, CO District Office (12/12/01). * 47 C.F.R. 11.61 Tests of EAS Procedures * Bay Broadcasting Corp., Annapolis, MD. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District Office (12/4/01). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * BJ Services, Houston, TX. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Kansas City, MO District Office (12/6/01). * Fred Forte, d.b.a. Forte Corporation, Berlin, NJ. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/6/01). * AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/14/01). * Lewis Towers, Ormond Beach, FL. Tampa, FL District Office (12/21/01).
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- 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4 Antenna Structure Registration * Georgia Transmission Corp., Tucker, GA. $3,000 NAL. Atlanta, GA District Office (11/5/02). * NRS Enterprises, Inc., Tullahoma, TN. $3,000 NAL. Atlanta, GA District Office (11/5/02). * 47 C.F.R. 17.48 Notification of Extinguishment and Improper Functioning of Lights * CenturyTel Wireless of Michigan RSA # 1& 2, Inc., Vancouver, WA. $13,000 NAL. Detrott, MI District Office (11/8/02). * 47 C.F.R. 17.50 Cleaning and Repainting * 4M of Richmond, Inc., WLEE, Richmond, VA. $21,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements) and 73.1745 (Unauthorized Operation). Norfolk, VA Resident
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- GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting Antenna Structures * AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * Wisconsin RSA No. 8 Limited Partnership, Barlington, WI. Chicago, IL District Office (1/15/02). * Wisconsin RSA No. 8 Limited Partnership, Darlington, WI. Chicago, IL District Office (1/15/02). * 47 C.F.R. 17.51 Time When Lights Must Be Exhibited * American Tower Limited Partnership, Atlanta, GA. Tampa, FL District Office (1/23/02). * 47
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- 17.4(g) (Posting of Antenna Structure Registration), 73.1350 (Transmission System Operation) and 73.1745 Unauthorized Operation). Atlanta, GA District Office (2/27/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). * Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). * Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02).
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- 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Shenadoah Valley Electric Cooperative, KIA495, Mount Crawford, VA. Columbia, MD District Office (3/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers * Sprintcom, Inc., Mount Vernon, OH. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (3/1/02). * Tower Ventures III, L.L.C., Memphis, TN. Kansas City, MO District Office (3/11/02). * Dame Media Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). * Telecom Consulting Group, Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). * AT&T Wireless Services, Inc., Gary, IN. Chicago, IL
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- for Painting and Lighting Antenna Structures * Union Oil of California dba Unocal. $12,000 NAL. Other violation: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number). Anchorage, AK Resident Agent Office (1/31/03). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Urban Radio of Pennsylvania, L.L.C., WURP, Philadelphia, PA. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (1/6/03). * 47 C.F.R. 17.50 Cleaning and Repainting * John W. Ashley dba Ashley Communications, Plant City, Florida. $10,000 NAL. Tampa, FL District Office (1/22/03). * Ad-Venture Media, Inc., WQRK, Bedford, Indiana. $10,000 NAL. Chicago, IL District Office (1/23/03). *
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- Leasing, Thomas M. Jones. Issued $10,000 NAL for failure to maintain antenna structure painting. NAL also issued for violation of 47 C.F.R. § 17.50 (Cleaning and Repainting of Antenna Structures). Honolulu, HI Office (5/10/00). Stan Norman, North Canton, OH. Issued $7,000 NAL for failure to register antenna structure with the Commission. NAL also issued for violation of 47 C.F.R. §§ 17.48 (failure to notify the FAA of improperly functioning tower lights) 17.50 (failure to repaint the antenna structure as often as necessary in order to maintain good visibility). Detroit, MI Office (5/12/00). Commission Rules 47 C.F.R. § 1.89 (Notice of Violation) Richard E. LaPierre, Lady Meghan Ryan, WCX4267, Seabrook, NH. Issued $4,000 NAL for failure to provide written response to official
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- (6/28/00). Sprint Spectrum, L.P., Rosemont, IL. Kansas City, MO District Office (6/28/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures OPM-USA, Inc., Sarasota, FL. New Orleans, LA District Office (6/12/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Alabama Educational Television Commission, WGIQ(TV), Birmingham, AL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.56 (Maintenance of Lighting Requirement). Atlanta, GA District Office (6/22/00). Chancellor Media DC, WTEM, Rockville, MD. Other violations: 47 C.F.R. §§ 73.1820 (Station Log) and 73.1870 (Chief Operators). Columbia, MD District Office (6/27/000). San Isabel Cellular of Colorado Limited, Trinidad, Colorado. Denver, CO District Office (6/28/00). 47 C.F.R. § 17.48 -
- http://transition.fcc.gov/eb/Public_Notices/da001850.doc http://transition.fcc.gov/eb/Public_Notices/da001850.html
- GA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman Estates, IL. Detroit, MI District Office (7/25/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Primeco Personal Communications, Metairie, LA. New Orleans, LA District Office (7/5/00). Century Cellunet of North Louisiana, Monroe, LA. New Orleans, LA District Office (7/6/00). Sprint Spectrum, L.P., Metairie, LA. New Orleans, LA District Office (7/6/00). Louisiana Generating, New Roads, LA. New Orleans, LA District Office (7/7/00). Telepak, Inc., Jackson, MS. New
- http://transition.fcc.gov/eb/Public_Notices/da002136.doc http://transition.fcc.gov/eb/Public_Notices/da002136.html
- Motorola, Inc., Albuquerque, New Mexico. Denver, CO District Office (8/18/00). Titan Towers, LP, Cedar Crest, New Mexico. Denver, CO District Office (8/18/00). US West New Vector Group, Inc., dba Airtouch Cellular, Albuquerque, New Mexico. Denver, CO District Office (8/18/00). West Tennessee Communications, Dyersburg, TN. Other violations: 47 C.F.R. §§ 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48(Notification of Extinguishment of Improper Functioning of Lights) New Orleans, LA District Office (8/18/00). AT&T Wireless Services Inc, Washington, DC. Dallas, TX District Office (8/22/00). Burlington Northern and Santa Fe Railway, Kansas City, KS. Dallas, TX District Office (8/22/00). J.C. Tomlinson, Bowie, TX. Dallas, TX District Office (8/22/00). Mobile Phone of Texas, Inc, Wichita Falls, TX. Dallas, TX District Office (8/22/00).
- http://transition.fcc.gov/eb/Public_Notices/da002408.doc http://transition.fcc.gov/eb/Public_Notices/da002408.html
- Communications, Bernalillo, New Mexico. Denver, CO Disrict Office (9/6/00). Rio Grande Transmission, Inc., Apache Springs, New Mexico. Denver, CO District Office (9/6/00). 360( Communications Company of New Mexico, Santa Fe, New Mexico. Denver, CO District Office (9/6/00). F B Tauer Company, Howell, MI. Detroit, MI District Office (9/8/00). Southern California Gas Company, San Diego, CA. Other violation: 47 CFR § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Los Angeles, CA District Office (9/8/00). Cellular Communications of PR, Inc., San Juan, PR. San Juan, PR Resident Agent Office (9/11/00). Joe E. Phillips, Lubbock, TX. Dallas, TX District Office (9/11/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Denver, CO
- http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
- Detroit, MI District Office (10/30/00). Southwest Louisiana Electric Membership, Lafayette, LA. New Orleans, LA District Office (10/30/00). 47 C.F.R. § 17.45 - Temporary Warning Lights American Tower Corp, Boston, MA. Columbia, MD District Office (10/18/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Calvary Inc., Pittsburgh, PA, KQV (AM). Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Philadelphia, PA District Office (10/11/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Philcom Ltd, Cinnaminson, NJ, Antenna Structure 1027110. Philadelphia, PA District Office (10/11/00). Crown Atlantic Company, LLC, Canonsburg, PA. Columbia, MD District Office (10/16/00). Commercial Communications LLC. New Orleans, LA District Office (10/17/00). Century Cellnet
- http://transition.fcc.gov/eb/Public_Notices/da002855.doc http://transition.fcc.gov/eb/Public_Notices/da002855.html
- Inc., Kenosha, WI, WIIL. Chicago, IL District Office (11/30/00). Next Media Licensing, Inc., Sturtevant WI, WEXT. Chicago, IL District Office (11/30/00). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Antenna Structure Registration Entravision Holdings, LLC, Santa Monica, CA. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). San Francisco, CA District Office (11/3/00). H Brown, Inc., Eunice, LA. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting). New Orleans, LA District Office (11/7/00). Union Pacific Railroad Company, Omaha, NE. New Orleans, LA District Office (11/7/00). Transport Communications, Inc., Pontiac, MI. Other violation: 47 C.F.R. § 17.48(Notification of Extinguishment or
- http://transition.fcc.gov/eb/Public_Notices/da00580.doc http://transition.fcc.gov/eb/Public_Notices/da00580.html
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
- http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52, 11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(1), 73.1560(b), 73.1590(a)(1), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47
- http://transition.fcc.gov/eb/Public_Notices/da00996.doc http://transition.fcc.gov/eb/Public_Notices/da00996.html
- Municipal Water District, Wylie, Texas. Dallas, TX Office (4/6/00). Crown Castle International, Aguadilla, Puerto Rico. San Juan, PR Office (4/10/00). Borough of Pompton Lakes, Pompton Lakes, NJ. New York, NY Office (4/11/00). Gary L. Autry, Frankton, CO. Denver, CO Office (4/12/00). Mr. & Mrs. Johnny Keath and Patty McLaughlin, Auburndale, FL. NOV also issued for violation of 47 C.F.R. § 17.48 (Notification of extinguishment or improper functioning of lights). Tampa, FL Office (4/12/00). Vertex Communications Corporation. Dallas, TX Office (4/13/00). Morris Broadcasting Company of New Jersey, WIMG(AM), Trenton, NJ. NOV also issued for violation of 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Philadelphia, PA Office (4/14/00). La Biondo Brothers Motor Express, Inc., Rosenhayn, NJ.. NOV also issued for violation
- http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
- for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. §§ 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting) San Juan, PR Resident Agent Office (3/6/01). Chugach Electric Association, Inc.,
- http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
- Sprint Spectrum L.P., Dallas, Texas. Dallas, TX District Office (12/27/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Pinnacle Towers, Inc, Sarasota, FL. New York, NY District Office (12/20/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment American Tower Corporation, Atlanta, GA. Tampa, FL District Office (12/5/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Norfolk, VA Resident Agent Office (12/8/00). Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. §17.57(Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Norfolk, VA Resident Agent Office
- http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
- (4/26/01). 47 C.F.R. Part 11 - Emergency System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Hancock Broadcasting Corporation (WBSL), Bay St. Louis, MS. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (4/4/01). Zachery Broadcasting Company, Lanett, AL. $24,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures
- http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
- - Antenna Structure Registration Multicultural Radio Broadcasting, Inc., Pasadena, CA San Francisco, CA District Office (5/1/01). Crown Castle International Corp., Canonsburg, PA. Tampa, FL District Office (5/2/01). Chinook Concert Broadcasters, Anchorage, AK. Anchorage, AK Resident Agent Office (5/23/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Kelly Broadcasting System Inc., Arecibo, PR. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). San Juan, PR Resident Agent Office (5/1/01). Kwiatkowski, Thomas:Kwiatkowski, Barbara, Lake Geneva, WI. Chicago, IL District Office (5/1/01). AT&T Wireless Services, Inc., Washington, D.C. San Francisco, CA District Office (5/4/01). Spectrasite Communications, Inc., Cary, NC. San Francisco, CA District Office (5/4/01). US West Newvector Group, Inc., Bellevue, WA. Portland, OR Resident Agent
- http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
- Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. § 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), and 73.1870 (Chief Operator). Kansas City, MO District Office (6/18/01). Adelphia Cable, Hanover, NH. Other violation: 47 C.F.R. § 76.605 (Technical Standards). Boston, MA District Office
- http://transition.fcc.gov/eb/Public_Notices/da012031.doc http://transition.fcc.gov/eb/Public_Notices/da012031.html
- LA. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (7/24/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment The Original Company, Inc., WBTO-FM, Petersburg, IN. $5,000 NAL. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (7/3/01). NOTICES OF VIOLATION Communications Act 47 U,S.C. § 302 - Devices Which Interfere With Radio Reception Fifties Inc. d.b.a. Fifties Communications, San Juan, PR. Other violation: 47 C.F.R.§ 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). San Juan, PR Resident Agent Office (7/23/01). 47 C.F.R.
- http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
- Antenna Structures) and 17.50 (Cleaning and Repainting). Denver, CO District Office (8/23/01). * Winegars Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). * Winegars Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). * Hampdon Communications, Charlton, MA. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (8/24/01). * New Par, Alpharetta, GA. Detroit, MI District Office (8/28/01). * Tea Comm Corp, Hays, KS. Kansas City, MO District Office (8/29/01) * Clearshot Communications, LLC, Malvern, PA. Chicago, IL District Office (8/30/01). * WTTL, Madisonville, KY. Chicago, IL District Office (8/31/01). * Towers II LLC, Mayfield,
- http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
- MO District Office (9/24/01). * Vera R. Baldwin, Inc., WDLW(AM), Fairfield, OH. Other violation: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements). Detroit, MI District Office (9/28/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * EBC, Inc., McCook, KS. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS
- http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
- Guthrie, TX. Dallas, TX District Office (10/12/01). * County of Dickens, Dickens, TX Dallas, TX District Office (10/15/01). * King, County of (KVV874), Guthrie, Texas. Dallas, TX District Office (10/15/01). * Kenneth T. Tipton, Sand Springs, OK. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Dallas, TX District Office (10/22/01). * Arco Communications, Inc., Chicago, IL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Dallas, TX District Office (10/31/01). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers * MCI Worldcom Network Services, Inc., Richardson, TX. Atlanta, GA District Office (10/2/01). * Deffenbaugh Industries, Shawnee, KS. Kansas City, MO District Office (10/10/01). * Knews Broadcasting, Inc., Las
- http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
- District Office (11/19/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Beacon Broadcasting, Inc., Greenville, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City,
- http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
- International, Canonsburg, PA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Anchorage, AK Resident Agent Office (1/19/01). Nueces Radio Partner LTD dba KOUL FM, Boerne, TX. Houston, TX Resident Agent Office (1/22/01). Alaska Electrical Pension Fund dba Pacific Tower Properties, Inc. Other violations: 47 C.F.R. §§ 17.22 (Particular Specifications to be Used) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Anchorage, AK Resident Agent Office (1/26/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY Resident Agent Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY
- http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
- of Inquiry Galaxy Cablevision, Lincoln, MO. Kansas City, MO District Office (2/20/01). Village of Campbell, Campbell, NE. Kansas City, MO District Office (2/20/01). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. § 1.5 - Mailing Address Furnished By Licensee Zachery Broadcasting Company, WDWZ(AM),West Point, GA. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District
- http://transition.fcc.gov/eb/bc-chklsts/EB18FMTR06_2008.pdf
- also be made immediately to the FAA once the beacon or steady burning top light is returned to service. Notification is not required when side light outages are observed. Tower owners/licensees should insure that the telephone number for the FAA is readily available and known to all personnel who would be responsible for notifying the FAA of such outages. [See 17.48] 21. FAA NOTIFICATION: Are the tower owner/licensee and all station operators aware of the requirement to notify the FAA within 30 minutes of the observation of an outage AND to notify the FAA again once the outage is corrected? [See 17.48] 7 SECTION II: Continued F. STATION LOGS: For all stations operating from a tower owned by the licensee and
- http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
- also be made immediately to the FAA once the beacon or steady burning top light is returned to service. Notification is not required when side light outages are observed. Tower owners/licensees should insure that the telephone number for the FAA is readily available and known to all personnel who would be responsible for notifying the FAA of such outages. [See 17.48] 24. FAA NOTIFICATION: Are the tower owner/licensee and all station operators aware of the requirement to notify the FAA within 30 minutes of the observation of an outage AND to notify the FAA again once the outage is corrected? [See 17.48] 7 SECTION II: Continued F. STATION LOGS: For all stations operating from a tower owned by the licensee and
- http://transition.fcc.gov/fcc-bin/audio/DA-00-580A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-00-580A1.pdf http://transition.fcc.gov/fcc-bin/audio/DA-00-580A1.txt
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
- http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
- face of expanded use of such devices likely to result from action taken in this proceed ing. The comments indicate the present availability of sev eral types of antenna tower light monitors. Some such devices are currently permitted as an alternative to inspec tion by individuals. No evidence has been presented that such devices have been unreliable. 28. Currently, Section 17.48(a) requires that the licensee notify the Federal Aviation Administration ("FAA") of any extinguishment or improper functioning of any top steady burning light or any flashing obstruction light that cannot be repaired within 30 minutes of discovery. No sufficient justification was given for changing this rule. The Commis sion believes that licensees ought to be promptly notified of tower light failure
- http://wireless.fcc.gov/antenna/releases/notampn1.doc http://wireless.fcc.gov/antenna/releases/notampn1.pdf
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
- 20.31 20.31 20.50 21.22 New York New York City 24.33 26.79 26.75 26.75 26.73 25.00 24.92 24.88 24.86 24.86 25.00 25.07 New York Ogdensburg 20.75 23.96 23.54 23.54 23.52 24.06 21.78 20.90 20.88 20.88 21.08 21.82 New York Rochester 20.25 20.98 20.04 19.75 18.96 16.83 16.83 17.91 17.86 17.86 18.64 19.02 North Carolina Raleigh 18.71 19.45 18.23 18.23 18.02 17.75 17.48 17.22 17.23 17.23 18.13 18.82 North Carolina Rockingham 16.47 17.22 16.74 16.74 16.53 16.22 15.95 15.69 15.69 15.69 16.86 17.55 Ohio Canton 21.29 21.29 21.29 21.29 21.29 20.00 19.59 18.87 18.72 18.56 19.28 19.95 Ohio Cincinnati 19.92 20.30 20.30 20.30 21.24 21.13 21.13 21.13 21.05 21.55 22.74 23.54 Ohio Cleveland 21.29 21.29 21.29 21.29 21.29 20.00 19.44 18.87 18.72 18.56
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
- 26.07 New York New York City 24.33 26.79 26.75 26.75 26.73 25.00 24.92 24.88 24.86 24.86 25.00 28.45 29.60 New York Ogdensburg 20.75 23.96 23.54 23.54 23.52 24.06 21.78 20.90 20.88 20.88 21.08 25.62 26.78 New York Rochester 20.25 20.98 20.04 19.75 18.96 16.83 16.83 17.91 17.86 17.86 18.64 19.55 19.57 North Carolina Raleigh 18.71 19.45 18.23 18.23 18.02 17.75 17.48 17.22 17.23 17.23 18.13 19.33 20.40 North Carolina Rockingham 16.47 17.22 16.74 16.74 16.53 16.22 15.95 15.69 15.69 15.69 16.86 19.20 20.30 Ohio Canton 21.29 21.29 21.29 21.29 21.29 20.00 19.59 18.87 18.72 18.56 19.28 20.31 20.75 Ohio Cincinnati 19.92 20.30 20.30 20.30 21.24 21.13 21.13 21.13 21.05 21.55 22.74 23.54 24.21 Ohio Cleveland 21.29 21.29 21.29 21.29 21.29 20.00
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref04.pdf
- of a Connection Charges Least-Cost Telephone Surcharges, and Taxes Five-Minute Including Touch-Tone, Inside Wiring Company Flat-Rate Measured/Message Same-Zone Surcharges, and Taxes Maintenance Service Service Alabama Huntsville BellSouth $26.76 $22.36 $0.05 $40.00 $4.75 Alaska Anchorage Anchorage 21.50 43.40 2.00 Arizona Tuscon Qwest 23.39 17.98 0.20 27.50 4.75 Arkansas Pine Bluff SBC 25.98 18.21 0.07 39.70 3.95 Arkansas West Memphis SBC 32.69 17.48 0.07 39.70 3.95 California Anaheim SBC 17.91 12.94 0.08 33.01 2.99 California Bakersfield SBC 17.91 12.38 0.08 33.01 2.99 California Fresno SBC 17.91 12.38 0.08 33.01 2.99 California Long Beach Verizon 25.70 18.18 0.08 46.00 0.95 California Los Angeles SBC 17.91 12.53 0.08 33.01 2.99 California Oakland SBC 17.91 12.38 0.08 33.01 2.99 California Salinas SBC 17.91 12.38 0.08 33.01
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref05.pdf
- 14.34 15.42 20.95 21.50 21.61 Arizona Tuscon 18.23 18.23 19.18 19.13 19.42 19.42 19.43 20.10 20.78 22.89 23.39 22.66 Arkansas Pine Bluff 22.60 22.22 22.06 22.14 22.22 22.22 22.26 23.22 25.09 26.08 26.11 27.53 Arkansas West Memphis 29.00 29.55 28.57 28.65 28.78 20.79 28.75 29.72 31.58 32.72 32.71 33.55 California Anaheim 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.05 California Bakersfield 12.18 12.18 15.59 15.69 15.57 15.57 15.42 15.34 15.71 17.48 16.67 16.05 California Fresno 12.18 12.18 15.59 15.69 16.67 17.13 15.42 15.34 15.71 17.48 16.67 16.05 California Long Beach 17.35 16.78 23.56 23.51 23.51 23.51 23.51 24.48 25.05 24.69 28.31 28.47 California Los Angeles 13.39 13.39 17.09 17.20 15.57 16.01 16.59 16.87 17.28 17.48 16.67 16.05
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
- Least-cost Telephone surcharges, and taxes same-zone including touch-tone, inside wiring State City Company Flat-rateMeasured/Message daytime call surcharges, and taxesmaintenance plan Service Service Ohio Columbus Ameritech 18.87 10.87 0.0800 36.50 2.99 Ohio Toledo Ameritech 18.87 10.87 0.0800 36.50 2.99 Oregon Corvallis US West 19.66 13.30 0.1545 12.36 2.50 Oregon Portland US West 21.22 14.91 0.1545 12.36 2.50 Pennsylvania Allentown Bell Atlantic 17.48 10.63 0.0700 40.00 1.25 Pennsylvania Ellwood City Bell Atlantic 16.60 7.56 0.0700 40.00 1.25 Pennsylvania Johnstown GTE 21.95 12.15 0.0593 55.86 1.50 Pennsylvania New Castle Bell Atlantic 14.90 9.75 0.0700 40.00 1.25 Pennsylvania Philadelphia Bell Atlantic 18.56 9.65 0.0700 40.00 1.25 Pennsylvania Pittsburgh Bell Atlantic 18.56 9.65 0.0700 40.00 1.25 Pennsylvania Scranton Bell Atlantic 17.48 10.63 0.0700 40.00 1.25 Rhode
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
- 18.72 10.84 0.07 36.50 2.99 Ohio Cincinnati Cincinnati Bell 21.05 13.08 0.1400 25.70 1.75 Ohio Cleveland Ameritech 18.72 10.84 0.0700 36.50 2.99 Ohio Columbus Ameritech 18.72 10.84 0.0700 36.50 2.99 Ohio Toledo Ameritech 18.72 10.84 0.0700 36.50 2.99 Oregon Corvallis US West 19.88 13.53 0.1545 12.36 2.99 Oregon Portland US West 21.19 14.88 0.1545 12.36 2.99 Pennsylvania Allentown Bell Atlantic 17.48 10.63 0.0700 40.00 1.25 Pennsylvania Ellwood City Bell Atlantic 16.60 9.75 0.0700 40.00 1.25 Pennsylvania Johnstown GTE 21.94 12.12 0.0594 55.86 2.50 Pennsylvania New Castle Bell Atlantic 14.90 9.75 0.0700 40.00 1.25 Pennsylvania Philadelphia Bell Atlantic 18.56 9.65 0.0700 40.00 1.25 Pennsylvania Pittsburgh Bell Atlantic 18.56 9.65 0.0700 40.00 1.25 Pennsylvania Scranton Bell Atlantic 17.48 10.63 0.0700 40.00 1.25 Rhode
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror96.pdf
- THE SOUTH-GA 12.30 12.44 7.87 10.33 (9.52) 18.08 13.02 90GENERAL TELEPHONE CO. OF THE SOUTH-KY 11.89 12.44 9.83 12.05 (25.26) 11.47 11.71 91GENERAL TELEPHONE CO. OF THE SOUTH-NC 8.87 12.44 2.27 7.87 14.88 8.19 8.00 92GENERAL TELEPHONE CO. OF THE SOUTH-SC 10.04 12.44 4.42 7.50 69.12 11.82 8.33 93GENERAL TELEPHONE CO. OF THE SOUTH-TN 13.87 12.45 7.74 15.43 (57.26) 21.71 17.48 94GENERAL TELEPHONE CO. OF THE SOUTH-VA 17.20 12.45 44.47 11.34 (259.63) 30.31 17.64 95GENERAL TELEPHONE CO. OF THE SOUTH-WV 11.23 12.45 6.18 10.68 (39.75) 11.44 10.90 96GREAT PLAINS COMMUNICATIONS, INC. 12.01 11.68 10.04 - - - 13.21 97GRIDLEY TELEPHONE COMPANY 16.05 12.37 17.42 21.85 - 13.70 19.95 98GTE MTO INC. - ILLINOIS 11.80 12.45 18.82 12.43 (41.08) 5.58 10.16 99GTE
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror97.pdf
- 17 GTE NORTH INC. (ILLINOIS CONTEL) 9/ 40.63 36.34 24.21 26.48 18 GTE NORTH INC. (INDIANA CONTEL) 9/ 29.21 29.02 23.27 22.44 19 GTE MIDWEST INC. (CONTEL IOWA COIA + COSI) 9/ 33.49 30.39 22.39 18.31 20 GTE MIDWEST INC. (CONTEL MISSOURI COMO + COCM + COEM) 9/ 11.92 11.97 9.57 10.79 21 GTE ARKANSAS, INC. (COAR + COSA) 9/ 17.48 19.13 18.24 17.44 22 CONTEL OF MINNESOTA - COMN 9/ 33.54 32.38 23.81 22.12 GSTC - CENTRAL (CENTRAL CONTEL) 9/ 16.28 10.24 11.22 23 GTE NORTH INC. (COPA + COQS) 10/ 36.92 40.55 36.38 32.60 22.33 17.11 12.79 24 GTE ALASKA, INC. (ALASKA GTE) 29.58 19.44 22.48 24.78 16.13 14.84 14.69 25 GTE CALIFORNIA INC. (CALIFORNIA GTE) 17.87 13.72 6.95
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror99.pdf
- 9.05 2.82 5.72 14TEXAS ALLTEL, INC. 10.92 11.50 12.06 9.24 9.68 9.31 15WESTERN RESERVE TELEPHONE COMPANY 11.01 11.50 7.80 10.42 12.60 11.67 16ANCHORAGE TELEPH0NE UTILITY 10.01 14.05 9.94 0.67 (191.15) 22.99 5.59 17C-R TELEPHONE COMPANY 1/ 5.41 12.96 (32.62) (9.26) 21.96 (9.40) 18CENTURYTEL OF MIDWEST-MICHIGAN, INC. 16.88 11.25 33.76 33.55 CENTURYTEL OF MI., INC. 19CENTURYTEL OF OHIO, INC. 19.56 14.61 17.48 24.46 20CENTURYTEL OF WISCONSIN, INC. 18.70 11.25 15.29 31.87 21CHILLICOTHE TELEPHONE COMPANY, THE 15.92 11.25 19.90 52.18 14.22 37.91 22CONCORD TELEPHONE CO. 14.36 12.60 27.21 15.30 (475.00) 20.10 15.56 23EL PASO TELEPHONE CO. 1/ 3.63 12.96 303.17 (5.36) (147.59) (9.24) 24FARMERS TELEPHONE COOPERATIVE, INC. 1/ 14.06 12.68 10.39 16.01 20.39 18.52 25FORT MILL TELEPHONE COMPANY 18.44 12.64 45.86 43.61 44.97
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend199.pdf
- 17 GTE NORTH INC. (ILLINOIS CONTEL) 9/ 40.63 36.34 24.21 26.48 18 GTE NORTH INC. (INDIANA CONTEL) 9/ 29.21 29.02 23.27 22.44 19 GTE MIDWEST INC. (CONTEL IOWA COIA + COSI) 9/ 33.49 30.39 22.39 18.31 20 GTE MIDWEST INC. (CONTEL MISSOURI COMO + COCM + COEM) 9/ 11.92 11.97 9.57 10.79 21 GTE ARKANSAS, INC. (COAR + COSA) 9/ 17.48 19.13 18.24 17.44 22 CONTEL OF MINNESOTA - COMN 9/ 33.54 32.38 23.81 22.12 GSTC - CENTRAL (CENTRAL CONTEL) 9/ 16.28 10.24 11.22 23 GTE NORTH INC. (COPA + COQS) 10/ 36.92 40.55 36.38 32.60 22.33 17.11 12.79 24 GTE ALASKA, INC. (ALASKA GTE) 29.58 19.44 22.48 24.78 16.13 14.84 14.69 25 GTE CALIFORNIA INC. (CALIFORNIA GTE) 17.87 13.72 6.95
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend298.pdf
- 17 GTE NORTH INC. (ILLINOIS CONTEL) 9/ 40.63 36.34 24.21 26.48 18 GTE NORTH INC. (INDIANA CONTEL) 9/ 29.21 29.02 23.27 22.44 19 GTE MIDWEST INC. (CONTEL IOWA COIA + COSI) 9/ 33.49 30.39 22.39 18.31 20 GTE MIDWEST INC. (CONTEL MISSOURI COMO + COCM + COEM) 9/ 11.92 11.97 9.57 10.79 21 GTE ARKANSAS, INC. (COAR + COSA) 9/ 17.48 19.13 18.24 17.44 22 CONTEL OF MINNESOTA - COMN 9/ 33.54 32.38 23.81 22.12 GSTC - CENTRAL (CENTRAL CONTEL) 9/ 16.28 10.24 11.22 23 GTE NORTH INC. (COPA + COQS) 10/ 36.92 40.55 36.38 32.60 22.33 17.11 12.79 24 GTE ALASKA, INC. (ALASKA GTE) 29.58 19.44 22.48 24.78 16.13 14.84 14.69 25 GTE CALIFORNIA INC. (CALIFORNIA GTE) 17.87 13.72 6.95
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-3.pdf
- CTY. RURAL TEL. DBA RTC COMM. 9.09 1.82 7.14 16.22 320771 A GEETINGSVILLE TEL. CO., INC. 9.55 -2.81 12.71 66.57 320772 C VERIZON NORTH INC.-IN 0.28 0.38 -0.10 0.00 320775 C HANCOCK RURAL TEL. CORP. DBA HANCOCK TELECOM 7.99 12.91 -4.36 -15.97 320776 C COMM. CORP. OF INDIANA 5.58 1.96 3.55 4.59 320777 A HOME TEL. CO. OF PITTSBORO, INC. 17.48 4.01 12.95 0.00 320778 A HOME TEL. CO., INC. 15.50 3.30 11.81 0.00 320779 C VERIZON NORTH INC.-IN (CONTEL) 0.28 1.34 -1.05 0.00 320783 A>CLIGONIER TEL. CO. 5.45 -2.23 7.85 16.01 320788 C MERCHANTS & FARMERS TEL. CO. -2.88 3.99 -6.61 -39.66 320790 A MONON TEL. CO., INC. 15.13 2.27 12.57 0.00 320792 A MULBERRY COOP. TEL. CO., INC. 13.96
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-3.pdf
- -1.42 -4.61 -7.27 442068 C EASTEX TELEPHONE COOPERATIVE INC. 9.41 -0.26 9.69 20.35 442069 C ELECTRA TELEPHONE COMPANY, INC. -12.00 -3.60 -8.72 -18.02 442070 C ETEX TELEPHONE COOPERATIVE INC. 10.48 -2.55 13.37 22.46 442071 C FIVE AREA TELEPHONE CO-OP. INC. -0.45 -6.71 6.70 8.16 442072 C FORT BEND TELEPHONE COMPANY 6.34 -0.43 6.80 21.37 442073 C BORDER TO BORDER COMMUNICATIONS -17.48 27.59 -35.32 -19.32 442076 C GANADO TELEPHONE COMPANY INC. 10.42 1.45 8.85 12.54 442080 C GTE-SW DBA VERIZON SW INC.-TX 2.47 -3.36 6.04 0.00 442083 C GUADALUPE VALLEY TEL CO-OP. INC. 8.77 2.58 6.04 12.01 442084 C UNITED TELEPHONE CO. OF TEXAS INC. 1.21 0.53 0.68 -5.64 442086 C HILL COUNTRY TELEPHONE CO-OP. INC. 9.50 1.77 7.60 18.32 442090 C
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
- -6.95 532391 A PEOPLES TELEPHONE CO. - OR -2.57 -0.19 -2.38 0.00 532392 C PINE TELEPHONE SYSTEM INC. - OR 7.34 7.84 -0.46 6.02 532393 C PIONEER TELEPHONE COOPERATIVE 11.85 2.12 9.53 26.08 532396 A ST. PAUL COOP. TEL. ASSN. 14.00 5.92 7.63 64.28 532397 C SCIO MUTUAL TEL. ASSOCIATION 7.80 1.68 6.01 11.27 532399 A STAYTON COOP. TEL CO 17.48 4.96 11.93 0.00 532400 C UNITED TELEPHONE CO OF THE NW - OR 4.69 3.27 1.37 0.00 532404 C ASOTIN TELEPHONE COMPANY - OREGON -13.22 5.13 -17.45 -17.96 532416 C GTE NORTHWEST INC. - OR -0.99 3.00 -3.87 0.00 532456 C MALHEUR HOME TELEPHONE COMPANY 5.06 1.47 3.54 14.71 533401 C CITIZENS TELECOMMUNICATIONS COMPANY OF OREGON 8.51 1.88 6.51 21.58
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
- RIVER TELECOMMUNICATIONS COOPERATIVEMerged Into 383303 SRT COMMUNICATIONS, INC. 381636 A UNITED TELEPHONE MUTUAL AID CORP. 10.26 1.29 8.86 149.31 381637 C WEST RIVER TELECOMMUNICATIONS COOPERATIVE -0.73 3.42 -4.01 -3.50 381638 A MIDSTATE COMMUNICATIONS INC. 13.99 -0.61 14.69 129.17 382247 A NEMONT TELEPHONE COOPERATIVE - ND -8.12 -0.81 -7.37 -14.58 383303 A SRT COMMUNICATIONS, INC. (+ 381634 SOURIS RIVER) 18.76 1.09 17.48 493.57 385144 C QWEST CORPORATION - ND (US WEST) 7.91 -15.25 27.32 0.00 TOTAL: NORTHERN MARIANA ISLANDS 1.31 2.25 -0.92 4.56 653700 C MICRONESIAN TELECOMMUNICATIONS CORPORATION 1.31 2.25 -0.93 4.56 TOTAL: OHIO 3.20 -0.07 3.27 26.26 300585 A ARCADIA TEL. CO. 14.89 5.42 8.98 208.06 300586 A THE ARTHUR MUTUAL TEL. CO. 1.31 -11.96 15.07 INFINITE 300588 A AYERSVILLE TEL.
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52, 11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(1), 73.1560(b), 73.1590(a)(1), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000580.doc
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52, 11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(1), 73.1560(b), 73.1590(a)(1), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
- Municipal Water District, Wylie, Texas. Dallas, TX Office (4/6/00). Crown Castle International, Aguadilla, Puerto Rico. San Juan, PR Office (4/10/00). Borough of Pompton Lakes, Pompton Lakes, NJ. New York, NY Office (4/11/00). Gary L. Autry, Frankton, CO. Denver, CO Office (4/12/00). Mr. & Mrs. Johnny Keath and Patty McLaughlin, Auburndale, FL. NOV also issued for violation of 47 C.F.R. § 17.48 (Notification of extinguishment or improper functioning of lights). Tampa, FL Office (4/12/00). Vertex Communications Corporation. Dallas, TX Office (4/13/00). Morris Broadcasting Company of New Jersey, WIMG(AM), Trenton, NJ. NOV also issued for violation of 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Philadelphia, PA Office (4/14/00). La Biondo Brothers Motor Express, Inc., Rosenhayn, NJ.. NOV also issued for violation
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
- Leasing, Thomas M. Jones. Issued $10,000 NAL for failure to maintain antenna structure painting. NAL also issued for violation of 47 C.F.R. § 17.50 (Cleaning and Repainting of Antenna Structures). Honolulu, HI Office (5/10/00). Stan Norman, North Canton, OH. Issued $7,000 NAL for failure to register antenna structure with the Commission. NAL also issued for violation of 47 C.F.R. §§ 17.48 (failure to notify the FAA of improperly functioning tower lights) 17.50 (failure to repaint the antenna structure as often as necessary in order to maintain good visibility). Detroit, MI Office (5/12/00). Commission Rules 47 C.F.R. § 1.89 (Notice of Violation) Richard E. LaPierre, Lady Meghan Ryan, WCX4267, Seabrook, NH. Issued $4,000 NAL for failure to provide written response to official
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- (6/28/00). Sprint Spectrum, L.P., Rosemont, IL. Kansas City, MO District Office (6/28/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures OPM-USA, Inc., Sarasota, FL. New Orleans, LA District Office (6/12/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Alabama Educational Television Commission, WGIQ(TV), Birmingham, AL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.56 (Maintenance of Lighting Requirement). Atlanta, GA District Office (6/22/00). Chancellor Media DC, WTEM, Rockville, MD. Other violations: 47 C.F.R. §§ 73.1820 (Station Log) and 73.1870 (Chief Operators). Columbia, MD District Office (6/27/000). San Isabel Cellular of Colorado Limited, Trinidad, Colorado. Denver, CO District Office (6/28/00). 47 C.F.R. § 17.48 -
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- GA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman Estates, IL. Detroit, MI District Office (7/25/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Primeco Personal Communications, Metairie, LA. New Orleans, LA District Office (7/5/00). Century Cellunet of North Louisiana, Monroe, LA. New Orleans, LA District Office (7/6/00). Sprint Spectrum, L.P., Metairie, LA. New Orleans, LA District Office (7/6/00). Louisiana Generating, New Roads, LA. New Orleans, LA District Office (7/7/00). Telepak, Inc., Jackson, MS. New
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
- Motorola, Inc., Albuquerque, New Mexico. Denver, CO District Office (8/18/00). Titan Towers, LP, Cedar Crest, New Mexico. Denver, CO District Office (8/18/00). US West New Vector Group, Inc., dba Airtouch Cellular, Albuquerque, New Mexico. Denver, CO District Office (8/18/00). West Tennessee Communications, Dyersburg, TN. Other violations: 47 C.F.R. §§ 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48(Notification of Extinguishment of Improper Functioning of Lights) New Orleans, LA District Office (8/18/00). AT&T Wireless Services Inc, Washington, DC. Dallas, TX District Office (8/22/00). Burlington Northern and Santa Fe Railway, Kansas City, KS. Dallas, TX District Office (8/22/00). J.C. Tomlinson, Bowie, TX. Dallas, TX District Office (8/22/00). Mobile Phone of Texas, Inc, Wichita Falls, TX. Dallas, TX District Office (8/22/00).
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
- Communications, Bernalillo, New Mexico. Denver, CO Disrict Office (9/6/00). Rio Grande Transmission, Inc., Apache Springs, New Mexico. Denver, CO District Office (9/6/00). 360( Communications Company of New Mexico, Santa Fe, New Mexico. Denver, CO District Office (9/6/00). F B Tauer Company, Howell, MI. Detroit, MI District Office (9/8/00). Southern California Gas Company, San Diego, CA. Other violation: 47 CFR § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Los Angeles, CA District Office (9/8/00). Cellular Communications of PR, Inc., San Juan, PR. San Juan, PR Resident Agent Office (9/11/00). Joe E. Phillips, Lubbock, TX. Dallas, TX District Office (9/11/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Denver, CO
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
- a station log. Each log entry must include the time and date of observation and the name of the person making the entry. The following information must be entered in the station log: (1) Any extinguishment or malfunction of the antenna structure obstruction lighting, adjustments, repairs, or replacement to the lighting system, or related notification to the FAA. See Sections 17.48 and 73.49 of this Part. (2) Brief explanation of station outages due to equipment malfunction, servicing, or replacement; (3) Operations not in accordance with the station license; and (4) EAS weekly log requirements set fort in Section 11.61(a)(1)(v) of this Chapter. 31. A new Section 73.878 is added, as follows: § 73.878 Station inspections by FCC; availability to FCC of
- http://www.fcc.gov/Bureaus/Wireline_Competition/Orders/2002/fcc02118.pdf
- 77.11 68.84 78.18 66.42 76.25 62.55 MR-4-07- 2100 % Out of Service > 12 Hours 60.94 46.05 58 42.73 55.55 41.26 56.89 43.48 54.33 39.51 MR-4-08- 2110 % Out of Service > 24 Hours - Bus. 16.15 12.67 13.53 10.53 10.44 10.83 13.13 9.93 11.49 8.52 MR-4-08- 2120 % Out of Service > 24 Hours - Res. 32.84 21.54 28.29 17.48 23.73 16.98 26.15 16.82 21.88 22.63 MR-5 Repeat Trouble Reports MR-5-01- 2100 % Repeat Reports within 30 Days 19.53 17.84 19.09 14.25 16.97 18.01 18.93 16.96 17.67 15.44 2-Wire Digital Services - Maintenance MR-2 Trouble Report Rate MR-2-02- 2341 Network Trouble Report Rate Loop 0.3 0.58 0.31 0.48 0.21 0.53 0.17 0.23 0.22 0.53 MR-2-03- 2341 Network
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970930.html
- willful violation of Section 301 of the Communications Act; ordered Beyel Brothers to pay forfeiture. Action by Acting Bureau Chief. Adopted: September 25, 1997. by MO&O. (DA No. 97-2085). CIB Internet URL: [22]http://www.fcc.gov/Bureaus/Compliance/Orders/1997/da972085.txt PRIVATE LAND MOBILE STATION KNDH363. Denied Motorola, Inc.'s Petition for Reconsideration requesting cancellation or mitigation of the monetary forfeiture issued against Station KNDH363 for violation of Sections 17.48, 17.50 and 17.51 of the Commission's rules; found that forfeiture for $5,000 is warranted and ordered Motorola to pay. Action by Acting Bureau Chief. Adopted: September 24, 1997. by MO&O. (DA No. 97-2084). CIB Internet URL: [23]http://www.fcc.gov/Bureaus/Compliance/Orders/1997/da972084.txt AMENDMENT OF THE COMMISSION'S RULES REGARDING THE EMERGENCY BROADCAST SYSTEM. Modified the Emergency Alert System requirements as they apply to wired and wireless
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021212.html
- violation of Section 17.50 of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 12/10/2002 by Forfeiture Order. (DA No. 02-3404). EB [56]DA-02-3404A1.doc [57]DA-02-3404A1.pdf [58]DA-02-3404A1.txt EL DORADO 900, LLC. Issued a monetary forfeiture in the amount of $15,000.00 to El Dorado 900, LLC, owner of Antenna Structure Registration #1041257, Industry, CA for violating the Communications Act and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 12/10/2002 by Forfeiture Order. (DA No. 02-3405). EB [59]DA-02-3405A1.doc [60]DA-02-3405A1.pdf [61]DA-02-3405A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 11, 2002, DID NOT APPEAR IN DIGEST NO. 238: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- CHANGES ON FCC SPECTRUM POLICY TASK FORCE ANNOUNCED. News Release. News Media Contact: Robin Pence 202-418-0505
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030122.html
- AUTHORIZATION AND TRANSFER OF CONTROL APPLICATIONS ACTION. WTB [27]DOC-230449A1.pdf [28]DOC-230449A1.txt Report No: 1398 Released: 01/22/2003. WIRELESS TELECOMMUNICATIONS BUREAU ASSIGNMENT OF AUTHORIZATION AND TRANSFER OF CONTROL APPLICATIONS ACCEPTED FOR FILING. WTB [29]DOC-230448A1.pdf [30]DOC-230448A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- SOUTH CENTRAL COMMUNICATIONS CORPORATION. Issued a monetary forfeiture in the amount of $8,000 to South Central for willfully and repeatedly violating Sections 17.47(a)(2), 17.48(a) and 17.51 of the Rules. Action by: Chief, Enforcement Bureau. Adopted: 01/17/2003 by Forfeiture Order. (DA No. 03-168). EB [31]DA-03-168A1.doc [32]DA-03-168A1.pdf [33]DA-03-168A1.txt FARMERS' AND BUSINESS MENS' TELEPHONE CO. V. AT&T CORP.; FOREST CITY TELECOM, INC. V. AT&T CORP.; CLARENCE TELEPHONE COMPANY, INC. D/B/A CEDAR COMMUNICATIONS V. AT&T CORP.. Granted the Consent Motion of Complainants For Extension of Time In Which
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061222.html
- the Communications Act of 1934, as amended. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 12/20/2006 by Forfeiture Order. (DA No. 06-2553). EB [42]DA-06-2553A1.doc [43]DA-06-2553A1.pdf [44]DA-06-2553A1.txt COMMUNICATIONS RELAY CORPORATION. Issued a monetary forfeiture of $13,000 to Communications Relay Corp., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended, and Sections 17.23, 17.47, 17.48, 17.49 & 17.57 of the Commission's Rules. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 12/20/2006 by Forfeiture Order. (DA No. 06-2554). EB [45]DA-06-2554A1.doc [46]DA-06-2554A1.pdf [47]DA-06-2554A1.txt FM TABLE OF ALLOTMENTS, HENNESSEY, OK. Amended the FM Table of Allotments for the listed community. (Dkt No. 05-85 , RM-11164). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 12/20/2006 by R&O.
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080221.html
- 54.307(B) OF THE COMMISSION'S RULES. (DA No. 08-443). (Dkt No 96-45). Comments Due: 03/24/2008. Reply Comments Due: 04/08/2008. WCB. Contact: Jennifer Prime at (202) 418-7400 or TTY: (202) 418-0484 [10]DA-08-443A1.doc [11]DA-08-443A1.pdf [12]DA-08-443A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FOREVER OF PA, INC. Issued a monetary forfeiture in the amount of $10,000 to Forever of PA, Inc. for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules. Action by: Acting Regional Director, Northeast Region, Enforcement Bureau. Adopted: 02/20/2008 by Forfeiture Order. (DA No. 08-368). EB [13]DA-08-368A1.doc [14]DA-08-368A1.pdf [15]DA-08-368A1.txt FIVE STAR PARKING D/B/A FIVE STAR TAXI DISPATCH. Issued a monetary forfeiture in the amount of $6,500 against Five Star for willful and repeated violations of Section 301 of the Communications Act of
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080306.html
- for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended. Action by: Acting Regional Director, Northeast Region, Enforcement Bureau. Adopted: 03/04/2008 by Forfeiture Order. (DA No. 08-498). EB [15]DA-08-498A1.doc [16]DA-08-498A1.pdf [17]DA-08-498A1.txt PEMBROOK PINES ELMIRA, LTD. Issued a monetary forfeiture in the amount of $15,200 to Pembrook Pines Elmira, Ltd for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules. Action by: Acting Regional Director, Northeast Region, Enforcement Bureau. Adopted: 03/04/2008 by Forfeiture Order. (DA No. 08-497). EB [18]DA-08-497A1.doc [19]DA-08-497A1.pdf [20]DA-08-497A1.txt SEEHAFER BROADCASTING CORPORATION. Admonished for its willful and repeated violation of the Commission's EEO rules. Action by: Assistant Chief, Policy Division, Media Bureau by LETTER. (DA No. 08-440). MB [21]DA-08-440A1.doc [22]DA-08-440A1.pdf [23]DA-08-440A1.txt
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080530.html
- of the Act. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 05/28/2008 by Forfeiture Order. (DA No. 08-1226). EB [83]DA-08-1226A1.doc [84]DA-08-1226A1.pdf [85]DA-08-1226A1.txt WESTERN SLOPE COMMUNICATIONS, LLC. Issued a monetary forfeiture in the amount of $13,000 to Western Slope Communications, LLC, owner of antenna structure number 1023390, near Rifle, Colorado, for repeated violation of Section 303(q) and Sections 17.51(a), 17.47(a), 17.48, and 17.57. Action by: Regional Director, Western Region, Enforcement Bureau. Adopted: 05/28/2008 by Forfeiture Order. (DA No. 08-1225). EB [86]DA-08-1225A1.doc [87]DA-08-1225A1.pdf [88]DA-08-1225A1.txt ENTRAVISION HOLDINGS, LLC. Granted must carry complaint. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 05/29/2008 by MO&O. (DA No. 08-1268). MB [89]DA-08-1268A1.doc [90]DA-08-1268A1.pdf [91]DA-08-1268A1.txt ENTRAVISION HOLDINGS, LLC. Granted must carry complaint seeking channel repositioning. Action
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237586A1.html
- No. EB-99-DT-044 North Canton, Ohio ) ) NAL/Acct. No. X3236-001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 12, 2000 By the Enforcement Bureau, Detroit Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Stan Norman has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended,1 and Sections 17.4(a), 17.48(a) and 17.50 of the Commission's Rules2 (the ``Rules'') for failure to register his radio tower (``tower'') with the Commission, failure to notify the FAA that the lights on the tower were not functioning properly, and failure to repaint the tower in order to maintain good aeronautical visibility. We conclude that Mr. Norman is apparently liable for a forfeiture in the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237719A1.html
- Requested to M/A Com Private Radio Systems, Inc., 3315 Old Forest Road, Lynchburg, VA 24501. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau Attachment. _________________________ 1 47 C.F.R. 17.51. 2 Registered antenna structure owners must notify the FAA of any known improper functioning of any top light or any flashing obstruction light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 112th Avenue Northeast, St. Petersburg, FL 33716. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director Tampa Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51, 17.57, and 73.49. 2 The owner of any registered antenna structure with assigned lighting must report immediately to the FAA any known improper functioning of any top light or flashing obstruction light. See 47 C.F.R. 17.48(a). 3 The owner of any registered antenna structure with assigned lighting must maintain a record of any known improper functioning of lights and of any FAA notifications. See 47 C.F.R. 17.49. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful',
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237732A1.html
- Requested to Wings Communications, Inc. DBA WELE Radio, 432 S. Nova Road, Ormond Beach, Florida, 32174. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237763A1.html
- D. Semon and Jackie L. Semon dba Sedalia Smiles, 720 W. Fifth St., Sedalia, MO. 65301. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director Kansas City Office Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51(b). 2 Owners of registered antenna structures must immediately notify the FAA of any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237764A1.html
- Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51(a). 2 Owners of registered antenna structures with assigned lighting must monitor the structure's lights to ensure they operate properly. See 47 C.F.R. 17.47. 3 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Bureau Attachment _________________________ 1 47 C.F.R. 17.51(a). 2 It was also observed that during daylight hours (6:00 PM on August 28, 2002), the paint was very faded and high intensity lighting was being used. High intensity lighting is not prescribed in paragraphs 1, 3, 11 and 21 of FCC Form 715/715A. 3 See 47 C.F.R. 17.47(a). 4 See 47 C.F.R. 17.48(a). 5 Since no report had been received, the FCC agents submitted a report to the FAA so that a Notice to Airmen (``NOTAM'') could be issued warning aircraft of this hazardous condition. 6 See 47 C.F.R. 17.6(a). 7 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are accessed under Section 503(b) of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237821A1.html
- ) FRN: 0004-5240-96 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 08, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that CenturyTel Wireless of Michigan RSA #1&2, Inc. (``CenturyTel''), has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended,1 and Sections 17.48(a) and 17.51(b) of the Commission's Rules2 (the ``Rules'') by failing to exhibit top obstruction lighting on their tower, and failing to report it's outage to the nearest Flight Service Station or office of the Federal Aviation Administration (``FAA''). We conclude that CenturyTel is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. On
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237873A1.html
- District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that El Dorado 900, LLC, (``El Dorado'') the owner of Antenna Structure Registration # 1041257, in City of Industry, California has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 17.23, 17.47(a), 17.48(a), 17.56 and 17.57 of the Commission's Rules2 by: (1) not maintaining required lighting on the antenna structure; (2) not making an observation of the antenna structures' 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; (3) failing to notify the FAA of any observed
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237887A1.html
- East Tower, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office Attachment A _________________________ 1 47 C.F.R. 17.4(a) and 17.51. 2 See 47 C.F.R. 17.7(a). 3 Antenna structure owners must immediately notify the FAA of any known improper functioning of antenna structure top or flashing lights that cannot be corrected within 30 minutes. See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. 312(f)(1), which applies equally to Section 503(b) of the Act, provides that ``[t]he term `willful,' when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237958A1.html
- Suite 100A, Dallas, Texas 75252. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director, Kansas City Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of a registered antenna structure must report immediately to the nearest FAA FSS any known improper functioning of any top light or flashing light that cannot be corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 See 47 C.F.R. 17.48. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237959A1.html
- ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Wichita SMSA Tower Holdings, LLC 17330 Preston Road, Suite 100A, Dallas, TX 75252. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director, Kansas City Office Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237960A1.html
- United States Cellular Corporation at 8410 West Bryn Mawr Ave Suite #700, Chicago, Illinois 60631. An additional copy shall be sent to Peter M. Connolly, Esq. at 2099 Pennsylvania Avenue Suite 100, Washington, DC 20006. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney District Director - Kansas City Office, Enforcement Bureau _________________________ 1 47 C.F.R 17.21 and 17.45. 2 See 47 C.F.R. 17.48(a) 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237972A1.html
- to properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner. Antenna structure owners are also required, pursuant to Section 17.56 of the Rules, to maintain lighting equipment and replace or repair inoperative lights, indicators and control and alarm systems as soon as practicable. Additionally, Section 17.48(a) requires antenna structure owners to immediately notify the FAA of 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. The FAA then issues a Notice to Airmen (``NOTAM'') for a period of 15 days advising aircraft
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238019A1.html
- NC 27116-1197 Media Broadcasting Corporation POB 11197 Winston-Salem NC 27116-1197 _________________________ 1 47 C.F.R. 17.4(g) and 17.51. 2 Antenna structure owners are required to report immediately to the nearest FAA Flight Service Station any known extinguishment or malfunction of any top steady burning light or any flashing obstruction light if the problem cannot be corrected within 30 minutes. 47 C.F.R. 17.48. 3 Section 312(f)(2) of the Act, 47 U.S.C. 312(f)(2), which applies equally to 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.'' 4
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- 47 C.F.R. 17.51. 2 WPGS, Inc. is licensee of radio station WPGS (AM) as well as owner of the antenna structure used by the radio station. 3 Antenna structure owners must notify the FAA of any observed or otherwise known extinguishment of any top steady burning light or any flashing obstruction light not corrected within 30 minutes, see 47 C.F.R. 17.48(a), and must maintain a record of such information, see 47 C.F.R. 17.49. 4 The 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.'' 47 U.S.C. 312(f)(2). 5 Section 312(f)(1) of the
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238189A1.html
- Sevierville, Tennessee ) FRN 0002-9009-26 ) Knoxville, Tennessee NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 25, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that South Central Communications Corp. (``South Central''), owner of antenna structure no. 1043695 in Sevierville, Tennessee, willfully and repeatedly violated Sections 17.51, 17.23, 17.48(a), and 17.47(a)(2) of the Commission's Rules (``Rules''),1 by failing to exhibit the prescribed obstruction lighting, failing to conform to the prescribed painting and lighting specifications, failing to notify the Federal Aviation Administration (``FAA'') of the extinguishment of the structure lights, and failing to maintain an operating automatic alarm system to indicate when the structure lighting is not operating. We find
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238204A1.html
- 37411. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238224A1.html
- Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney Kansas City Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48. 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238246A1.html
- 0001 ) ) Radio Station WDWZ(AM) ) West Point, GA ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 16, 2001 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Zachery Broadcasting Company (``Zachery''), licensee of AM broadcast station WDWZ(AM), has apparently violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a), and 73.49 of the Commission's Rules1. Specifically, Zachery failed to maintain emergency alert system (``EAS'') equipment, failed to maintain a public inspection file, failed to maintain the painting and lighting of the station's antenna structure, failed to report and record the outage of the station's antenna structure lights, failed to register the station's antenna structure and failed to
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- Two Rivers maintained a manager responsible for accounts receivable and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. 8. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). 9. On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-238297A1.html
- WJET (AM) ) Erie, PA ) NAL/Acct.No. ) 200232280004 ) FRN: 0006-1324-19 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 28, 2002 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Nextmedia Operating Inc., (``Nextmedia''), licensee of AM broadcast station WJET, Erie, Pennsylvania apparently violated Sections 17.47(a)(1), 17.48(a) and 17.51(a)1 of the Commission's Rules (``Rules'') by failing to make an observation of the antenna structure's lights at least once each 24 hours, failing to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failing to exhibit lighting from sunset to sunrise. We conclude that Nextmedia. is apparently liable for a forfeiture in the
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- Flight Service Center in Elkins, WV. FAA personnel told the agent that Mortenson made notification of the light outage at 8:14 AM on May 17, 2002. III. DISCUSSION 5. Section 17.51(a) of the Rules requires prescribed obstruction lighting be exhibited from sunset to sunrise. Mortenson's antenna structure was observed on May 15, 2002 after sunset with obstruction lighting unlit. Section 17.48 of the Rules3 requires notification of extinguished lighting to the FAA if not corrected within 30 minutes. FCC agents advised Mortenson personnel of the improper functioning of the tower lighting on the morning of May 16, 2002. Mortenson waited until after another sunset to sunrise period before notifying the FAA of the improper functioning of the lights. 6. Based on
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- Park, Kansas ) ) FRN: 0005-5981-07 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 24, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Sprintcom, Inc. has apparently violated Section 303(q) of the Communications Act of 1934 (``Act''), as amended,1 and Sections 17.4(g), 17.47(a)(1), 17.47(a)(2), 17.48(a) and 17.51(b) of the Commission's Rules2 (the ``Rules''). Respectively, these sections require painting and/or illumination of a radio tower if and when the tower may constitute a menace to air navigation; posting the Antenna Structure Registration (``ASR'') number in a conspicuous location so that it is visible near the base of the antenna structure; observation of the antenna structure lights
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- EB-01-CG- 155 Licensee: WBTO-FM ) Petersburg, Indiana ) NAL/Acct. No. 200132320001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 13, 2001 By the District Director, Chicago Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that The Original Company, Inc. (``Original''), licensee of Radio Station WBTO-FM, has apparently violated Sections 17.47(a)(1) and 17.48(a) of the Commission's Rules (the ``Rules'').1 These violations occurred as a result of the failure of Radio Station WBTO-FM, located in Petersburg, Indiana, to make observations of the antenna structure's lights at least once each 24 hours, and their failure to notify the Federal Aviation Administration (``FAA'') immediately of the extinguishment of a flashing obstruction light. We conclude that Original
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- to Gulf Stream Natural Gas System, 2800 Post Oak Blvd., Houston, TX 77612. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 Antenna structure owners must notify the FAA of any known improper functioning of any flashing or top light on a structure that is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Requested to Wings Communications, Inc. DBA WELE Radio, 432 S. Nova Road, Ormond Beach, Florida, 32174. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 11. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Florida Cellular Service, LLC, 17330 Preston Road, Suite 100A, Dallas, TX 75252. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow Tampa Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Broadcasting, Inc. ) NAL/Acct. No. 200232400003 ) Warren, Ohio ) FRN: 0006-1146-64 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 14, 2002 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Beacon Broadcasting, Inc. (``Beacon''), the licensee of WGRP(AM), Greenville, Pennsylvania, has apparently violated Sections 17.4(g), 17.48(a) and 17.50 of the Commission's Rules (``the Rules'').1 These violations occurred as a result of Beacon's failure to post the Antenna Structure Registration (``ASR'') numbers on the WGRP(AM) antenna structures; failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning; and failure to repaint the WGRP(AM) antenna structures. We conclude that Beacon is apparently liable
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- contact OCBO at (202) 418-0990. 13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Jorge L Estrada., Calle 5D1, Alturas de Flamboyan, Bayamon, Puerto Rico 00959. FEDERAL COMMUNICATIONS COMMISSION William Berry San Juan Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- Annual Receipts or Less Tower Owners (See Lessee's Type of Business) _________________________ 1 47 C.F.R. 17.51(a). 2 The owner of any registered antenna structure with assigned lighting specifications must report immediately to the nearest FAA Flight Service Station of the FAA any known improper functioning of any top or flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 The owner of any registered antenna structure with assigned lighting specifications must maintain a record of any known improper functioning of a structure light. See 47 C.F.R. 17.49. 4 See 47 C.F.R. 17.47. 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that
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- Certified Mail Return Receipt Requested to Barnacle Broadcasting Company Ltd., 3 Yonah Drive, Atlanta, Georgia, 30309. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce Atlanta Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 The owner of any registered antenna structure that has assigned lighting specifications shall make an observation of the structure's lights at least once each 24 hours or provide an automatic alarm system. See 47 C.F.R. 17.47(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the
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- 37371. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 15317. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(b). 2 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinquishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- regular mail and Certified Mail, Return Receipt Requested, to MCC Georgia LLC, 100 Crystal Run Road, Middletown, NY 10941. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director _________________________ 1 47 C.F.R. 17.51. 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 See 47 C.F.R. 17.47. 4 The 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.'' 47 U.S.C. 312(f)(2). 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to
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- L.L.C. ) Radio Station WURP ) NAL/Acct. No. 200332400006 Philadelphia, Pennsylvania ) ) FRN: 0004-9241-06 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 6, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Urban Radio of Pennsylvania, L.L.C. (``Urban'') has apparently violated Sections 17.47(a)(1), 17.48(a) and 17.51(a) of the Commission's Rules (the ``Rules'')1. These violations occurred because Urban failed to exhibit all red obstruction lighting on its antenna structure, failed to make observations of the obstruction lighting once every 24 hours and failed to notify the Federal Aviation Administration ("FAA") of an obstruction light outage. We conclude that Urban is apparently liable for a forfeiture
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- each level at which permanent obstruction lights would be recommended, two or more lights of the type specified in the determination should be installed at that level.'' 6 See 47 C.F.R. 17.45. 7 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 8 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-240994A1.html
- is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Upper Wabash Broadcasting Corp. (``Wabash''). On November 7, 2003, an agent of the Commission's Chicago Office received information that the lights on your antenna structure, ASR# 1031600, located at LaFountaine, Indiana, were operating in violation of Federal Communications Commission Rule Section: 5.a. 47 C.F.R. 17.48(a): ``The owner of any antenna structure which is registered ... Shall 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 flashing obstruction light ....'' The lights on the antenna structure were not flashing. Wabash did not notify the Federal
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- to Vector Communications, Inc., d/b/a WCFI, Inc., 3621 NW 10th Street, Ocala, FL 34475. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director - Tampa Office Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(a). 2 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 3 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- 054 WLTH Radio, Inc. ) WLTH ) NAL/Acct. No. 200432320001 Gary, Indiana ) ) FRN 0004 9887 62 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 23, 2003 By the District Director, Chicago Office, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that WLTH Radio, Inc. (``WLTH''), has apparently violated Sections 17.4(a), 17.48(a), and 17.51(a) of the Commission's Rules (the ``Rules'').1 These violations occurred because WLTH failed to register its antenna structure, failed to notify the Federal Aviation Administration (``FAA'') of an antenna structure light outage and failed to exhibit the required red obstruction lighting. We conclude that WLTH is apparently liable for a forfeiture in the amount of sixteen thousand dollars ($16,000).
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- Saint Augustine, Florida 32086. FEDERAL COMMUNICATIONS COMMISSION Ralph M. Barlow District Director _________________________ 1 47 C.F.R. 17.50 and 17.51. 2 See 47 C.F.R. 17.6(a). 3 See 47 C.F.R. 17.21, 17.22, and 17.23. 4 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 5 The 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.'' 47 U.S.C. 312(f)(2). 6 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are
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- 1 47 C.F.R. 17.51(a) and 17.57. 2 Station WXOF(FM) utilizes this antenna structure as part of its station. WGUL-FM Inc. is licensee of station WXOF(FM) in addition to owning the antenna structure. 3 Owners of registered antenna structures with assigned lighting must immediately report to the FAA any known improper functioning of any top or flashing light. See 47 C.F.R. 17.48(a). 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- EB-04-BF-013 Verizon ) Owner of Tower # 1007252 ) NAL/Acct. No. 200432280001 Olean, New York ) ) FRN: 0003 46 9442 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 19, 2004 By the Resident Agent, Buffalo Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Verizon has apparently violated Sections 17.48, 17.49, 17.51, and 17.57 of the Commission's Rules (the ``Rules'')1. These violations occurred by failure to immediately notify the nearest FAA Flight Service Station of a beacon outage, failure to keep and maintain accurate logs/records of antenna structure lighting, failure to exhibit all red obstruction lighting from sunset to sunrise, and failure to immediately notify the Commission using Form 854
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- By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. We conclude, pursuant to Section 503(b) of the Act,3 that Lotus is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On March 22, 2004, the Los
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- Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to American Towers, Inc. 2. On November 9, 2004, an agent of the Commission's New York Office inspected the antenna structure, ASR# 1061739, located atop Illinois Mountain, Highland, New York, and observed the following violations: AI.1.a)i)1)a)i.a. 47 C.F.R. 17.48(a): ``The owner of any antenna structure which is registered ... Shall 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
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- Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARBInc''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules'').1 Specifically, we find ARBInc apparently liable for failing to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. We conclude, pursuant to Section 503(b) the Act,2 that ARBInc is apparently liable
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- must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.'' Jackson County failed to post the antenna structure registration number. b. 47 C.F.R. 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- of the Commission's Rules,1 to Christian Broadcasting Ministry (``Christian Broadcasting''), owner of antenna structure 1227797 located in Widowville, Ohio. 2. On March 22, 2004, this office received information reporting that the tower lights were out on this structure. On March 23, 2004, an agent from the Commission's Detroit Office inspected this structure and observed the following violation(s): a. 47 C.F.R. 17.48: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- District Director, Los Angeles District Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that AMFM Ohio, Inc. ("AMFM Ohio"), registrant of antenna structure # 1014752, in San Bernardino, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.21(a), 17.47 and 17.48 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring and notification requirements specified for antenna structure # 1014752. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that AMFM Ohio is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August
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- a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to KALI FM Inc., owner of antenna structure # 1045131. 2. On February 23, 2005, an agent of the Commission's Los Angeles Office inspected antenna structure # 1045131 located at 1113 E. Washington Street, Santa Ana, California. The agent observed the following violation: 2.a. 47 C.F.R. 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: (a) Shall 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
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- noncompliance in 2004 as useful background demonstrating the context of the misconduct that is within the statute of limitations period and thus covered by this NAL. Moreover, we may consider prior violations in determining the appropriate forfeiture amount for violations within the statute of limitations. See Roadrunner Transp. Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000). 4See 47 C.F.R. 17.48. TC received a Notice of Violation on November 16, 2001 for failing to exhibit obstruction lighting on antenna structure # 1028287, located in Suffolk, Virginia. 5Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission
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- intensity flashing white obstruction light mounted at the top level, in accordance with FAA Circular 70/7460- 1J/, chapters 4, 6 and 13. During the inspection, the agent observed that the medium intensity flashing white obstruction light was not functioning. The agent also determined that the malfunction had not been reported to the Federal Aviation Administration, as required under 47 C.F.R. 17.48. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Norfolk Southern Corp., must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation
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- OF APPARENT LIABILITY FOR FORFEITURE Released: January 19, 2006 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Communications Relay Corporation (``CRC''), willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules")2 by failing to comply with the antenna structure registration (``ASR'') lighting, monitoring, record keeping, and notification requirements specified for antenna structure #1019247. We conclude, pursuant to Section 503(b) of the Act,3 that CRC is apparently liable for a forfeiture in the amount of thirteen thousand dollars ($13,000). II. BACKGROUND 2. According to
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- Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that El Dorado 900, LLC ("El Dorado"), owner of antenna structures #1041256 and #1041257 in the City of Industry, California, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("the Act"),1 and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules")2 by failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and for failing to comply with the Commission's registration requirements for antenna structure #1041256. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),3 that El Dorado 900, LLC is
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- which is registered with the Commission and has been assigned lighting specifications referenced in this part shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly." No quarterly tower inspections had been conducted. d. 47 C.F.R. S 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 shall 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
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- of the Commission's Atlanta Office inspected antenna structure 1055362 located at Jernigan, Alabama and observed the following violation(s): a. 47 C.F.R. S 17.4(g): "The antenna structure registration number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." The antenna structure had no ASR number visible. b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ...shall report immediately by telephone or telegraph to the nearest Flight Service Station or office of the Federal Aviation Administration any observed or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the
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- sent by Certified Mail, Return Receipt Requested, and regular mail, to T-Mobile West Corporation, 12920 SE 38^th Street, Bellevue, Washington 98006. FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 47 U.S.C. S 303(q). 47 C.F.R. S 17.23. 47 U.S.C. S 503(b). See FAA Advisory Circular Number 70/7460-1J, Chapters 4, 8, and 13. Section 17.48 of the Rules requires antenna structure owners to immediately notify the FAA of 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. 47 C.F.R. S 17.48. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which
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- including the requirement for red obstruction lighting. Therefore, Patrick is required to exhibit red obstruction lighting on its structure from sunset to sunrise. From at least February 2006 to June 15, 2006, Patrick failed to exhibit red obstruction lighting on its structure. There was no evidence of proper notification to the FAA of the light outage as required by Section 17.48(a) of the Rules. Patrick's owner and chief operator stated he knew of the light outage since February 2006. Therefore, this violation was willful and repeated. 10. Based on the evidence before us, we find that Patrick apparently willfully and repeatedly violated Sections 17.4(a), 17.50, and 17.51 of the Rules by failing to register its antenna structure, failing to maintain good
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- of the Commission's Rules, to Bruce L. Miller, registrant of antenna structure # 1052370 in Englewood, Colorado. 2. On November 27 and November 28, 2006, an agent of the Enforcement Bureau's Western Regional Office conducted a visual inspection of antenna structure # 1052370, located at 3150 S. Vallejo Street, Englewood, Colorado, and observed the following violation: a. 47 C.F.R. S 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- January 12, 2007 By the Resident Agent, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pembrook Pines Elmira, Ltd. ("Pembrook"), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, apparently willfully and repeatedly violated Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules ("Rules") by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270800A1.html
- # 1027115 ) FRN 0006161855 Hollidaysburg, PA ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 22, 2007 By the Resident Agent, Buffalo Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Forever of PA, Inc. ("Forever"), registrant of antenna structure # 1027115, apparently willfully violated Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Forever is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-270803A1.html
- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Comcast's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Act, that Comcast is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1005634 is located approximately 3.5 miles northeast from the Pearson Airport in Vancouver, Washington. The Commission requires antenna structure owners to maintain painting and lighting on antenna
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-272194A1.html
- 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." 47 C.F.R. S 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. S 17.48. 47 C.F.R. S 73.1745. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 12 FCC Rcd 17087 (1997), recon.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-274421A1.html
- ("Rules"); and by failing to immediately notify the Commission of change in ownership information, a violation of Section 17.57 of the Rules. Plascencia's failure to make the required observations of the lighting on antenna structure #1062806 resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Plascencia is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. Antenna structures 1062806, 1062807, and 1062808 comprise the three-tower array used by KOXR(AM) to serve Oxnard, California. Lazer Broadcasting Corporation, is the licensee
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-276992A1.html
- indicator designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Threshold's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Threshold is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1015782 is an antenna tower of 82.8 meters (271.7 feet) in height above ground. It is tower one in a three-tower
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277847A1.html
- Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cablevision of Newark, owner of antenna structure 1045843. 2. On May 1, 2007, an agent of the Commission's New York Office inspected the antenna structure, ASR # 1045843, located in Newark, New Jersey, and observed the following violation: a. 47 C.F.R. S17.48(a): "The owner of any antenna structure which is registered ... Shall 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
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278098A1.html
- Columbia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Metro Radio, Inc. ("Metro"), owner of Antenna Structure Registration (ASR) # 1018735 and licensee of AM station WKCW in Warrenton, Virginia, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, and Sections 17.51(a), 17.48(a), and 17.57 of the Commission's Rules ("Rules") by failing to exhibit red obstruction lighting from sunset to sunrise, failing to immediately notify the Federal Aviation Administration ("FAA") of a known light outage, and failing to notify the Commission of a change in ownership of the antenna structure. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278101A1.html
- 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 47 C.F.R. S: 17.48(a). 47 C.F.R. S: 1.80. 7 American Tower Corporation, Notice of Apparent Liability, 16 FCC Rcd 1282 (2001). (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278101A1.doc
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-278796A1.html
- designed to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Western Slope's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. Finally, Western Slope apparently repeatedly failed to immediately notify the Commission of a change in ownership information for antenna structure number 1023390, a violation of section 17.57 of the Commission's Rules ("Rules"). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Western Slope is apparently liable for a forfeiture in
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279954A1.html
- Freeport, New York ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 25, 2008 By the District Director, New York Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WGBB-AM, Inc. ("WGBB"), owner of antenna structure 1064894 located in Freeport, New York, apparently willfully and repeatedly violated Sections 17.48(a) and 17.57 of the Commission's Rules ("Rules") by failing to report immediately to the nearest Flight Service Station or office of the Federal Aviation Administration an observed and known extinguishment of the tower's top red flashing obstruction light and by failing to immediately notify the Commission of a change of ownership of its antenna structure. We conclude, pursuant to Section
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. New Inspiration's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that New Inspiration Broadcasting Co., Inc. is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1207183 is an antenna tower of 105.5 meters (346.128 feet) in height above ground. It is tower
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-281367A1.html
- Number was displayed at the base of the antenna tower or on the fence surrounding the antenna tower. b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." An hour after sunset on March 13, 2008, the agent observed that the top obstruction light was not illuminated. c. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is registered with the Commission..., shall 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,
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- and not less than 12 flashes per minute, and Paragraph 11 requires that the structure have at least two red obstruction lights installed at its midpoint. On the evening of May 15, 2008, the agents observed that the side lights were not functioning and the top beacon was flashing no more than three times per minute. b. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall 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
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- 16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Telava Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Douglas G. Miller District Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.51(a), 17.57. 47 U.S.C. S: 503(b). Section 17.48 (a) of the Rules states that "The owner of any antenna structure which is registered...[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
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
- 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." 47 C.F.R. S: 17.47(a)(2). See 47 C.F.R. S: 17.21 (antenna structures shall be painted and lighted when they exceed 200 feet in height above the ground ore they require special aeronautical study). Section 17.48 of the Rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications report immediately by telephone or telegraph to the nearest Flight Service Station of office of the Federal Aviation Administration any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286481A1.html
- this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Qualicom Systems, Inc. ("Qualicom"), owner of antenna structure number 1012977 located in Estero, Florida, apparently willfully and repeatedly violated Section 17.4(g) of the Commission's Rules ("Rules") by failing to display in a conspicuous place the Antenna Structure Registration ("ASR") number for its antenna structure and apparently repeatedly violated Section 17.48(a) of the Rules by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Qualicom is apparently liable for a forfeiture in the amount of five thousand dollars ($5,000). II. BACKGROUND 2. On September 15, 2008, in response to
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-286906A1.html
- APPARENT LIABILITY FOR FORFEITURE Released: November 21, 2008 By the District Director, New Orleans Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Taylor Communications, Inc. ("Taylor"), licensee of station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246 apparently willfully and apparently repeatedly violated Sections 17.48(a) and 73.3526 of the Commission's Rules ("Rules") by not informing the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting and failing to maintain and make available a public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Taylor is apparently liable for a forfeiture in the amount
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-288510A1.html
- but the determination was modified by the FAA on August 10, 2005, to require painting and lighting in accordance with FAA Advisory Circular 70/7460-1K Paragraphs 4, 8, and 12. Industrial must submit Form 854 to the Commission to change the painting and lighting specifications to be consistent with the current FAA determination of no hazard. b. 47 C.F.R. S: Section 17.48(a) of the Rules states that "[t]he owner of any antenna structure which is registered...[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
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-289662A1.html
- of an antenna structure is required to "report immediately by telephone or telegraph to the nearest Flight Service Station or office of the FAA 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." 47 C.F.R. S: 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(b), 17.57. 8 See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.doc
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- maintained indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Baybridge's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction lights, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Baybridge Communications, L.L.C. is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND 2. Antenna structure #1023097 is an antenna tower of 70.4 meters (approximately 231 feet) in height above ground. It is a tower used
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-290801A1.html
- ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Prairie View A&M University, owner of antenna structure # 1056336 in Prairie View, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1056336 located near Prairie View, Texas, and observed the following violation(s): a. 47 C.F.R. S: 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: Shall 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
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-293822A1.html
- indicator to register any failure of such lights, a violation of Section 17.47(a) of the Rules. Hawaiian Telcom's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hawaiian Telcom is apparently liable for forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. Antenna structure #1002607 is an antenna tower of 47 meters (approximately 154 feet) in height above ground. The registered owner is Hawaiian Telcom.
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-294208A1.html
- 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." 47 C.F.R. S: 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. S: 17.48. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.51(b) and 17.57. 8 See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.doc
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296090A1.html
- January 25, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Big Fish Broadcasting, L.L.C. ("Big Fish"), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules ("Rules") by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration ("FAA") immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296092A1.html
- register or detect any failure of such lights, a violation of Section 17.47(a) of the Rules. Foursquare Gospel's failure to make the required observations of the lighting on the antenna structure resulted in its failure to notify the nearest Flight Service Station of the Federal Aviation Administration ("FAA") of the outage of the flashing obstruction light, a violation of Section 17.48 of the Rules. Foursquare Gospel's failure to maintain required lighting on the antenna structure and comply with the FCC's rules created a hazard to air navigation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Foursquare Gospel is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296217A1.html
- 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KFW Communications LLC dba Almega Cable, Inc. ("KFW"), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to install operational Emergency Alert System ("EAS") equipment, failing to display the Antenna Structure Registration ("ASR") number in a conspicuous place so that it is readily visible near the base of the antenna structure, failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failing to exhibit
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
- FORFEITURE Released: February 4, 2010 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that KFW Communications LLC dba Almega Cable Inc. ("KFW"), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas apparently willfully and repeatedly violated Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to install operational Emergency Alert System ("EAS") equipment, failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that KFW is
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296408A1.html
- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 16, 2010 By the Resident Agent or San Juan Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Puerto Rico Telephone Company Inc. ("PRTC"), owner of antenna structure number 1010661, in Aguadilla, Puerto Rico, apparently willfully and repeatedly violated Sections 17.48 and 17.51(a) of the Commission's Rules ("Rules") by failing to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage and failing to exhibit red obstruction lighting from sunset to sunrise. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that PRTC is apparently liable for a forfeiture in the amount of ten
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-296989A1.html
- 1934, as amended ("Act"), to James Davis for failing to notify the Commission immediately of a change in antenna structure ownership, failing to maintain the paint on an antenna structure, failing to exhibit required obstruction lighting from sunset to sunrise, and failing to notify the Federal Aviation Administration of a lighting outage in violation of Sections 17.57, 17.50, 17.51, and 17.48(a) of the Commission's Rules ("Rules"). 2. Antenna structure # 1214169 is 112.2 meters above ground and is required to be painted and lit. As of February 8, 2010, according to the Antenna Structure Registration ("ASR") database, Marshall Media Group, Inc. is the registered owner of the structure. 3. On May 4 and 8, 2009, an agent of the Commission's Houston
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-300921A1.html
- January 26, 2010 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Big Fish Broadcasting, L.L.C. ("Big Fish"), owner of antenna structure number 1044859 in Chappells, SC and antenna structure number 1066000 in Greenwood, SC, apparently willfully and repeatedly violated Sections 17.51(a) and 17.48 of the Commission's Rules ("Rules") by failing to exhibit the structures' red obstruction lighting from sunset to sunrise and failing to notify the Federal Aviation Administration ("FAA") immediately of lighting outages. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Big Fish is apparently liable for forfeiture in the amount of twenty thousand
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-313200A1.html
- (WXXI), licensee of AM Radio Station WXXI in Rochester, New York and registrant of antenna structure numbers 1003954, 1003955, 1003956, and 1003957 (Antenna Structures) in Brighton, New York. 2. On February 22, 2012, agents of the Commission's Philadelphia Office inspected the Antenna Structures located at 560 French Road, Brighton, New York and observed the following violations: a. 47 C.F.R. S: 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 shall 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
- http://www.fcc.gov/eb/Orders/2001/da000120.doc http://www.fcc.gov/eb/Orders/2001/da000120.html
- Chief, Enforcement Bureau 47 C.F.R. § 17.51(a) and (b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. X3268003 (Enf. Bur., San Juan Office, released September 25, 2000). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). See 47
- http://www.fcc.gov/eb/Orders/2001/da011175.doc http://www.fcc.gov/eb/Orders/2001/da011175.html
- medium intensity obstruction lighting in operation. The agent searched Commission and industry databases and found no antenna structure registration for this tower. On October 2, 2000, the agent contacted the Federal Aviation Administration's San Juan Flight Service Station (``San Juan FSS'') to find out whether there was a Notice to Airmen (``NOTAM'') in effect for the Juana Diaz tower. Section 17.48(a) of the Rules requires that tower owners immediately report to the nearest FAA Flight Service Station or office any extinguished or improperly functioning obstruction lights not corrected within 30 minutes. The FAA then issues a NOTAM for a period of 15 days advising aircraft pilots that there is an antenna structure at a specific location with a temporary light outage.
- http://www.fcc.gov/eb/Orders/2001/da011581.doc http://www.fcc.gov/eb/Orders/2001/da011581.html
- of WDWZ(AM) ) West Point, Georgia ) NAL/Acct. No. 200132480001 FORFEITURE ORDER Adopted: July 3, 2001 Released: July 6, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty-four thousand dollars ($24,000) against Zachery Broadcasting Company (``Zachery''), licensee of WDWZ(AM), West Point, Georgia for violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50, 17.56, 73.49, and 73.3526 of the Commission's Rules (``Rules''). The violations stem from Zachery's failure to have Emergency Alert System equipment installed at WDWZ(AM), its failure to follow the Rules pertaining to antenna structures, and its failure to maintain a public inspection file at WDWZ(AM). 2. On April 16, 2001, the District Director of the Enforcement Bureau's Atlanta
- http://www.fcc.gov/eb/Orders/2001/da012053.doc http://www.fcc.gov/eb/Orders/2001/da012053.html
- David H. Solomon Chief, Enforcement Bureau 47 C.F.R. § 17.51(b). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132700007 (Enf. Bur., Tampa Office, released April 25, 2001). Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 312(f)(1). 47 U.S.C.
- http://www.fcc.gov/eb/Orders/2001/da012225.doc http://www.fcc.gov/eb/Orders/2001/da012225.html
- Sen. Rep. No. 95-580 at 3 (1977), reprinted in 1978 U.S.C.C.A.N. at 109, and H.R. Conf. Rep. 101-386 at 435 (1989), reprinted in 1989 U.S.C.C.A.N. at 3018). The Kansas City Field Office issued NOVs to Central States Microwave Transmission Company on June 21, 2000 (for violation of Section 17.4 of the Rules); on January 19, 2001 (for violation of Section 17.48 of the Rules); and on January 23, 2001 (for violation of Section 17.48 of the Rules). The Kansas City Field Office issued two separate NOVs to Broadwing on September 27, 2000 (both for violations of Sections 17.4 and 17.57 of the Rules). The Denver Field Office issued an NOV to Rio Grande on March 21, 2001 (for violation of Section
- http://www.fcc.gov/eb/Orders/2001/da012816.html http://www.fcc.gov/eb/Orders/2001/da012816.pdf
- Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200132640006 (Enf. Bur., Norfolk Office, released August 16, 2001). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- TeleCorp. Antenna Structure Registration Number 1064593. The FCC requires owners of antenna structures registered with the FCC and subject to lighting specifications to notify the FAA of ``any observed or otherwise 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.'' 47 C.F.R. § 17.48(a). The FAA then issues a NOTAM for a period of 15 days advising pilots that there is an antenna structure at a specific location with a temporary light outage. Antenna Structure Registration Number 1206008. Antenna Structure Registration Number 1203643. Antenna Structure Registration Number 1208552. 47 C.F.R. § 17.51. See 47 C.F.R. § 1.80(b)(4) n. Guidelines for Assessing Forfeitures, Section I.-Base
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- 200232400003 ) Warren, Ohio ) FRN 0006-1146-64 FORFEITURE ORDER Adopted: November 13, 2002 Released: November 15, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to Beacon Broadcasting, Inc. (``Beacon''), the licensee of WGRP(AM), Greenville, Pennsylvania, for willful and repeated violation of Sections 17.4(g), 17.48(a), and 17.50 of the Commission's Rules (``Rules'').1 The noted violations involve Beacon's failure to post the Antenna Structure Registration (``ASR'') numbers on the WGRP(AM) antenna structures, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to repaint the WGRP(AM) antenna structures. 2. On June 14, 2002, the Commission's Philadelphia, Pennsylvania (``Philadelphia Office'')
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- Commission that consummation of the assignment took place on November 11, 1998. Accordingly, we accept Bestov Broadcasting's response to the NAL and re- caption this proceeding. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Failures to observe antenna structure lighting, log light outages, and notify the FAA are separate violations under Part 17. See 17.47, 17.48, 17.49. 8 Eleven Ten Broadcasting, Corp., 32 FCC 706, 707-08 (1962) (``Inherent in such contention, however, is the view that a licensee who delegates to persons it deems responsible, authority to operate and manage a station cannot be held responsible for their activities if it is unaware of them. This is, of course, a completely untenable view. ''). 9 See
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- Enforcement Bureau _________________________ 1 47 C.F.R. 17.4(g) and 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232640005 (Enf. Bur., Norfolk Office, released June 13, 2002). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 Media stated that the number ``FRN 006-5587-53'' is now posted at the tower site. This is not
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- Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($15,000) to El Dorado 900, LLC (``El Dorado''), owner of Antenna Structure Registration # 1041257, in City of Industry, California, for willful violation of Section 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 17.23, 17.47(a), 17.48(a), 17.56, and 17.57 of the Commission's Rules (``Rules'').2 The noted violations involve: (1) failure to maintain required lighting on the antenna structure; (2) failure to 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; (3) failure to
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- 20016. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 2 47 C.F.R. 17.51(a). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- 4 47 C.F.R. 17.4. 5 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 6 47 C.F.R. 17.47. 7 47 C.F.R. 17.56. 8 47 C.F.R. 17.48. 9 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision
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- addition, in June and July 1999, the Wireless Telecommunications Bureau sent letters to licensees informing them that the Commission had no valid registration for their antenna site and that owners and, to the extent they were liable, tenants could face monetary forfeitures for antenna structures that remained unregistered. 9 47 C.F.R. 17.47. 10 47 C.F. R. 17.56. 11 47 C.F.R. 17.48. 12SpectraSite Communications, Inc., 16 FCC Rcd 809 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6773 (Enf. Bur. 2001). 13 SpectraSite Communications, Inc., (Enf. Bur., Tampa Office rel. Apr. 25, 2001), forfeiture ordered, 16 FCC Rcd 17668 (Enf. Bur. 2001). 14 ASR number 1230615. 15 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures
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- the side intermediate lights be steady burning. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless confirmed that a side intermediate light on the tower was flashing, rather than steady burning as required. Tyler, Texas - File No. EB-01-DL-696 9. On August 15, 2001, an agent from the Commission's Dallas, Texas Field Office (``Dallas Office'') inspected an antenna structure located at 8562
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- Requested to Maria L. Salazar at 207 W. 13th Street North, Wichita, Kansas 67203. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 301 and 303(q). 2 47 C.F.R. 17.51 and 73.1350(a). 3 47 C.F.R. 11.35(a), 73.1125(a), and 73.3526. 4 47 C.F.R. 17.21. 5 47 C.F.R. 17.47 6 47 C.F.R. 17.51. 7 47 C.F.R. 17.56 8 47 C.F.R. 17.48 9 47 C.F.R. 11.35(c). 10 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- 1 Eure Family Limited Partnership, DA 02-878 (released April 17, 2002). 2 Eure Family Limited Partnership, 16 FCC Rcd 21302 (Enf. Bur. 2001). 3 47 C.F.R. 17.51(a). 4 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a NOTAM, a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 5 The Norfolk Office issued the NOV to Eure Communications, Inc. because FCC records incorrectly listed Eure Communications,
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- burning as required by the tower's ASR. On November 19, 2001, the Denver Office issued an NOV citing AT&T Wireless for failure to conform to the FAA's painting and lighting specifications for the tower in violation of Section 17.23 of the Rules and failure to correct the improper functioning of a steady burning side intermediate light in violation of Section 17.48(b) of the Rules. In its December 20, 2001, response to the NOV, AT&T Wireless admitted that a side intermediate light on the tower was flashing, rather than steady burning, and stated that it had taken steps to repair the light. In the NAL, the Commission cited AT&T Wireless for apparently failing to conform to the FAA's painting and lighting specifications
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- (unauthorized power) by failing to change to its critical hours directional array as required by its license;8 Section 17.50 (antenna cleaning and repainting) by failing to repaint its tower structures after seventy-five percent of their orange and white paint had flaked off;9 Section 17.51 (time when lights should be exhibited) by leaving its towers completely unlit during nighttime hours;10 Section 17.48 (notification of extinguishment or improper functioning of lights) by failing to report the station's tower light extinguishment to the FAA Flight Service Station nearest Moultrie, Georgia;11 Section 17.4 (antenna structure registration) by failing to register its station towers with this agency;12 Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness;13 Section 11.15 (EAS operating handbook) by failing
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- evening, he failed to notify the FAA of the outage immediately. That Mr. Lovejoy believed that there would be no harm in waiting until the next morning to notify the FAA of the lighting outage because there was a lit tower nearby does not excuse his failure to notify the FAA of the lighting outage immediately, as required by Section 17.48(a) of the Rules. Moreover, the Commission has long held that licensees and other Commission regulatees are responsible for the acts and omissions of their employees.9 Thus, Mortenson is responsible for Mr. Lovejoy's failure to notify the FAA. Accordingly, based on the record before us, we conclude that Mortenson willfully violated Section 17.51(a) of the Rules. 11. We find that Mortenson's
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- 2003 Released: January 22, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to South Central Communications Corp. (``SCCC''), owner of an antenna structure with Antenna Structure Registration (``ASR'') number 1043695 in Sevierville, Tennessee, for willful and repeated violations of Sections 17.47(a)(2), 17.48(a), and 17.51 of the Commission's Rules.1 The noted violations involve SCCC's failure to maintain an automatic alarm system designed to detect any failure of its antenna structure lights and provide notification of such failure to the structure owner, failure to notify the Federal Aviation Administration (``FAA'') immediately of an obstruction lighting outage on its antenna structure, and failure to exhibit
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- FSS for this tower light outage and copies of logs and other records which indicate, among other things, when the alarm system generated an alert that the light was out, when the NOTAM was opened, when repairs were made, and when the NOTAM was closed. The documentation provided by Cingular Wireless indicates that Cingular Wireless met the requirements of Section 17.48 of the Rules by promptly reporting the obstruction light outage to the Miami FSS, so that the FSS could open a NOTAM. We therefore find that cancellation of the NAL is warranted. 4. Accordingly, IT IS ORDERED that, pursuant to Section 504(b) of the Communications Act of 1934, as amended,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the
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- Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.51. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700018 (Enf. Bur., Tampa Office, released July 17, 2002). 3 Tower owners are required to report any obstruction lighting outages to the nearest Flight Service Station or FAA office immediately if the outage is not corrected within 30 minutes. See 47 C.F.R. 17.48(a). The FAA then issues a Notice to Airmen (``NOTAM''), a written advisory to aircraft pilots regarding a hazard or potential hazard of which they should be aware. A NOTAM expires automatically after 15 days, unless the tower owner calls the FAA to extend the NOTAM. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Section 312(f)(2)
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- Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232560017 (Enf. Bur., Kansas City Office, released July 24, 2002). 3 The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48. 4 47 U.S.C. 503(b). 5 47 C.F.R. 1.80. 6 47 U.S.C. 503(b)(2)(D). 7 Although VoiceStream argues that its tower lighting violations were neither willful nor repeated, it provides nothing to support its claim that the violations were not repeated. 8 See 47 U.S.C. 312(f)(2). 9 Koke, Inc., 23 FCC 2d 191 (1970). 10 See also Callais Cablevision, Inc., 17 FCC
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- provided a copy of its contract with Edmiston Tower, Inc., entered into after the NOV, to paint antenna structure #1025371. 5. On July 25, 2002, the Philadelphia Office issued a NAL for a forfeiture in the amount of $15,000 to Calvary. The NAL alleged willful and repeated violation of Sections 17.4(g) (failure to post the ASR number at tower #1025371), 17.48(a) (failure to report known lighting outage to the Federal Aviation Administration at tower #1025371), 17.50 (failure to adequately paint antenna structure at tower #1025371) and 17.51(a) (failure to exhibit all red obstruction lighting between sunset and sunrise at tower #1025371) of the Rules. In its response, filed July 19, 2002, Calvary denies violating Section 17.48(a) of the Rules. Calvary admits
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- 2003 Released: October 15, 2003 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a fifteen thousand dollar ($15,000) Notice of Apparent Liability for Forfeiture (``NAL'')1 issued to Nextmedia Operating, Inc. (``Nextmedia''), licensee of AM broadcast Station WJET and owner of antenna structure number 1027118 in Erie, Pennsylvania, for willful violation of Sections 17.47(a)(1), 17.48(a), and 17.51(a) of the Commission's Rules (``Rules'').2 The alleged violations involve Nextmedia's failure to make an observation of the antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration (``FAA'') that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunset to sunrise. Based on our review of Nextmedia's response
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- 9 47 U.S.C. 503(b)(2)(D). 10 See, e.g., Notice of Violation, EB-02-DL-075 (Enf. Bur., Dallas, Texas Office, April 2, 2002) (notifying Concho that it violated 47 C.F.R. 1.903(a) by operating from an unauthorized site from November 1, 2001 through March 15, 2002); Notice of Violation, EB-01-DL-126 (Enf. Bur., Dallas, Texas Office, January 16, 2001) (notifying Concho that it violated 47 C.F.R. 17.48(a) by failing to provide FAA notice of a lighting outage); Notice of Violation, EB-00-DL-347 (Enf. Bur., Dallas, Texas Office, December 11, 2000) (notifying Concho that it violated 47 C.F.R. 17.6(a) and 17.50 by failing to paint its antenna structure in accordance with ASR specifications) 11 Cf. CCN, Inc., et al., Order to Show Cause, 13 FCC Rcd 13599 (1998) (revoking
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- the basic requisite character qualifications to be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license
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- _________________________ 1 47 C.F.R. 17.51(b). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232480029 (Enf. Bur., Atlanta Office, released September 30, 2002). 3 ``Trouble Ticket History'' for ``ASR #1216312'', by Flash Technology, submitted with Signal's reply to the NAL. 4 Statement by Signal in response to the NAL. 5 Signal's statement is provided to demonstrate its compliance with Section 17.48 of the Rules, 47 C.F.R. 17.48. That rule requires a report to the FAA of certain lighting outages if the outage is not corrected within 30 minutes. However, Signal's compliance with that rule is not before us as Signal was not cited for a violation of Section 17.48 of the Rules. 6 47 U.S.C. 503(b). 7 47 C.F.R. 1.80. 8
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- Hospitals $29 Million in Annual Receipts or Less Nursing Homes $11.5 Million in Annual Receipts or Less Hotels and Motels $6 Million in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) _________________________ 1 47 U.S.C. 303(q). 2 47 C.F.R. 17.51(b) and 17.4(a). 3 47 C.F.R. 17.21. 4 47 C.F.R. 17.23. 5 47 C.F.R. 17.47. 6 47 C.F.R. 17.48. 7 47 C.F.R. 17.7. 8 47 C.F.R. 17.4. 9 47 C.F.R. 17.57. 10 Antenna structure owners were required to register existing antenna structures during a two-year filing period between July 1, 1996 and June 30, 1998, and to register new antenna structures prior to construction. Streamlining the Commission's Antenna Structure Clearance Procedure, 11 FCC Rcd 4272 (1995). 11SpectraSite Communications, Inc.,
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- 1 47 C.F.R. 17.51(a). 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332700010 (Enf. Bur., Tampa Office, released December 2, 2002). 3 Antenna Structure Registration number 1062835, located at 29 16' 0.9'' North Latitude, 081 04' 53'' West Longitude. 4 The four antenna structures that comprise the directional AM array are required to be individually lighted. 5 47 C.F.R. 17.48(a) requires the tower owner to immediately inform the FAA of any light failure not repaired within 30 minutes. In its January 2, 2003 response, Wings admits that it had not notified the FAA as of October 1, 2002. 6 The Commission's Antenna Structure Registration database lists Wings Communications, Inc. dba WELE Radio as the owner of the instant antenna structure,
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- the company hired by PCI to monitor remotely its antenna structure and notify the Federal Aviation Administration (``FAA'') of any outages, did not detect this outage. PCI contacted United Tower Inc. (``UTI'') in Wichita, Kansas and contracted with it to conduct repairs on the structure.3 The FAA was not notified of the lighting outage on the structure consistent with Section 17.48(a) of the Rules.4 4. On December 3, 2002, a Commission agent from the Kansas City Office inspected PCI's antenna structure and observed that there was no lighting between the 1/2 overall height level and the top most flashing beacon and that a beacon at the 1/3 overall height level was lighted but not flashing. After being so informed by the
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- 1.80. 51. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 61. 47 U.S.C. 503(b)(2)(D). 71. The owner of any registered antenna structure must report immediately to the nearest flight service station of the FAA any observed or otherwise known extinguishment or improper functioning of any flashing obstruction light not corrected within 30 minutes. See 47 C.F.R. 17.48(a). 81. 47 C.F.R. 17.47. 91. See Professional Communications, Inc., DA 04-1600, EB-02-KC-806 (Enf. Bur. 2004). 10 See Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 1. 21871 (2002). 111. Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994). 121. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to
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- tower reaches its greatest height, the construction project manager must again obtain confirmation from the FCC Specialist confirming that all construction obligations have been satisfied. 3. Monitoring of Lighting and Signage: Responsibility for monitoring lighting and signage on Unocal towers is vested with the FCC Specialists, although such responsibility may be delegated to third party contractors. Pursuant to 47 C.F.R 17.48, when a lighting outage is detected, a Notice to Airman (``NOTAM'') will be requested from the FAA if the outage cannot be corrected within 30 minutes. Failure of remote monitoring equipment or other communications failure will not relieve Unocal of its responsibility for compliance with FCC regulations. Unocal will provide the FAA with the information necessary to conduct a thorough
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- ) FORFEITURE ORDER Adopted: September 29, 2004 Released: October 1, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Urban Radio of Pennsylvania, L.L.C. (``Urban Radio''), licensee of Station WURP, Philadelphia, Pennsylvania, for willful and repeated violation of Sections 17.47(a), 17.48(a) and 17.51(a) of the Commission's Rules (``Rules'').1 The noted violations involve Urban Radio's failure to exhibit red obstruction lighting on its antenna structure, failure to make observations of the obstruction lighting once every 24 hours and failure to notify the Federal Aviation Administration of an obstruction lighting outage. 2. On January 6, 2003, the Commission's Philadelphia, Pennsylvania District Office (``Philadelphia
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- 17 FCC Rcd 21866, 21875-76 (2002). 13 We note that while the violation continued for several days, Mr. Estrada admittedly failed to properly respond to the known outage by taking the necessary steps to inform the FAA of the outage until after being notified of that responsibility by one of the investigating agents on December 16, 2002. See 47 C.F.R. 17.48 (requiring a tower owner to notify FAA of any outage not repaired within thirty minutes of discovery). Further, at the time of our agents' inspection of the tower, they did not observe evidence that corrective measures were underway. 14 Id. at 21870-71(finding that a downward adjustment was not warranted on the grounds that there was no indication that the unpainted
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- 2004 Released: December 6, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of sixteen thousand dollars ($16,000) to WLTH Radio, Inc. (``WLTH''), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules (``Rules'').1 The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration (``FAA'') of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. 2. On December 23, 2003, the District Director of the Commission's Chicago, Illinois, Field
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- 2004 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we cancel a proposed monetary forfeiture1 issued in the amount of thirteen thousand dollars ($13,000) to CenturyTel Wireless of Michigan RSA #1&2, Inc. (``CenturyTel'') for its apparent willful and repeated violation of Section 303(q) of the Communications Act of 1934 as amended (``Act''),2 and of Sections 17.48(a) and 17.51(b) of the Commission's Rules (``Rules'').3 The alleged violations involve CenturyTel's failure to exhibit top obstruction lighting on a tower and to report an outage of obstruction lighting to the nearest Flight Service Station or office of the Federal Aviation Administration. Based on our review of CenturyTel's response to the NAL, we conclude that CenturyTel did not willfully and/or
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- be sent by First Class and Certified Mail Return Receipt Requested to Westshore Broadcasting, Inc., 311 112th Avenue, N.E., St. Petersburg, Florida 33716. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 17.21(a), 17.57 and 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232700005 (Enf. Bur., Tampa Office, released November 1, 2002). 3 Section 17.48(a) of the Rules, 47 C.F.R. 17.48(a), requires tower owners to immediately report lighting outages that cannot be corrected within 30 minutes to the FAA. When the FAA receives a report of a lighting outage, it issues a ``NOTAM'' concerning the outage. 4 According to records provided by Westshore, the most recent NOTAM was issued on May 8, 2002. 5 47
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- the Commission's concerns. 10. The Bureau considered the factors enumerated in Section 503(b) and, because of Barinowski's good faith efforts, reduced the forfeiture amount. Moreover, we believe that Barinowski has misinterpreted our decisions in the Nextmedia, Pinnacle, and Midwest cases. In Nextmedia, the Commission's Buffalo, New York Office had issued a NAL to Nextmedia for its violation of Sections 17.47(a)(1). 17.48(a), and 17.51(a) of the Rules.22 The violations involved Nextmedia's failure to make an observation of its antenna structure's lights at least once each 24 hours, failure to notify the Federal Aviation Administration that the obstruction lighting was improperly functioning, and failure to exhibit obstruction lighting from sunrise to sunset. The Bureau cancelled the forfeiture because we specifically found that Nextmedia
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- Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Lotus Communications Corporation ("Lotus"), registrant of antenna structure # 1015922, in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), 1 and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules").2 On September 29, 2004, the Commission's Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $10,000 against Lotus after determining that Lotus had repeatedly failed to comply with the antenna structure lighting, monitoring and notification requirements specified for antenna structure # 1015922. Such failure by Lotus
- http://www.fcc.gov/eb/Orders/2005/DA-05-621A1.html
- Order (``Order''), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 (``ARB, Inc.''), San Francisco, California, registrant of Antenna Structure Number 1019797, located at Knik, Alaska, for willful and repeated violation of Section 303(q) of the Communications Act of 1934, as amended, (``the Act''), and Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the Rules'').1 The noted violation involves failure by ARB, Inc. to maintain the lighting requirements for the antenna structure, as prescribed by the Commission, and for failing to notify an office or flight service station of the FAA regarding light outages. 2. On December 10, 2004, the Resident Agent of the Commission's Anchorage Resident
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- 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to El Dorado 900, LLC ("El Dorado") owner of antenna structures #1041256 and #1041257 in the City of Industry, California, for willfully and repeatedly violating Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48 and 17.57 of the Commission's Rules ("Rules"). The noted violations include failing to comply with the antenna lighting, monitoring, notification and registration requirements specified for antenna structure #1041257 and failing to comply with the Commission's registration requirements for antenna structure #1041256. 2. On February 9, 2006, the District Director of the Enforcement Bureau's Los Angeles Office issued a Notice of
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- August 30, 2005, by Lotus Communications Corporation ("Lotus") registrant of antenna structure # 1015922, in Los Angeles, California. Lotus seeks reconsideration of the Forfeiture Order in which Lotus was found liable for a monetary forfeiture in the amount of $10,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.21(a), 17.47, 17.48 and 17.49 of the Commission's Rules ("Rules"). As discussed below, we dismiss Lotus' Petition because it does not comply with the Act and the Rules, and is therefore procedurally defective. We also find that even if Lotus had timely filed its Petition, the Petition would fail on the merits. II. BACKGROUND 2. On March 22, 2004, the Los Angeles Police
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- NW, Suite 301, Washington, DC 20016. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S 17.51(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632640004 (Enf. Bur., Norfolk Office, November 23, 2005) ("NAL"). 47 U.S.C. S 503(b). 47 C.F.R. S 1.80. 47 U.S.C. S 503(b)(2)(D). 47 C.F.R. S 17.51. See 47 C.F.R. S 17.48. Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term `willful,' ... means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission
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- Released: December 22, 2006 By the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Communications Relay Corporation ("CRC"), for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48, 17.49, and 17.57 of the Commission's Rules ("Rules"). On January 19, 2006, the Los Angeles Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to CRC after determining that CRC apparently willfully and repeatedly failed to comply with the antenna structure registration ("ASR") lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- the petition for reconsideration filed by WLTH Radio, Inc. ("WLTH"), licensee of AM radio station WLTH, Gary, Indiana, and owner of the station's antenna structures. WLTH seeks reconsideration of a Forfeiture Order issued by the Enforcement Bureau ("Bureau") on December 16, 2004, in the amount of sixteen thousand dollars ($16,000) to WLTH, for willful and repeated violation of Sections 17.4(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve WLTH's failure to register the antenna structure for the station, failure to notify the Federal Aviation Administration ("FAA") of a known antenna structure light outage, and its failure to exhibit the required red obstruction lighting. For the reasons discussed below, we reduce the forfeiture amount to four thousand dollars
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- registrant is expected to correct errors when they are brought to the entity's attention and that such correction is not grounds for a downward adjustment in a forfeiture. 13. Finally, we note that Entravision does not dispute the fact that it failed to notify the FAA's Riverside FSS of the light outage on antenna structure #1015656, as required by Section 17.48 of the Rules. This failure on Entravision's part required the San Diego Office to request the Riverside FSS to issue a 15 day NOTAM. Additionally, Entravision does not dispute and, in fact acknowledges in its Response, that for at least the middle part of March 2006, no daily observations were made by Entravision staff, as required by Section 17.47(a) of
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- done to replace the tower light monitoring system. Multicultural also notes that Section 17.56 of the Rules states that replacing or repairing lights shall be accomplished "as soon as practicable" and that antenna structure #1013937 is located in a remote area. Multicultural acknowledges, however, that it failed to notify the FAA of the tower light outage as required by Section 17.48 of the Rules. 10. Reductions based on good faith efforts to comply generally involve situations where violators demonstrate that they initiated measures to correct or remedy violations prior to a Commission inspection or investigation. While Multicultural has produced evidence that both its tower light monitoring system and the extinguished light itself have been repaired, it has produced no evidence that
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- Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Western Slope Communications, LLC, ("Western Slope") owner of antenna structure number 1023390, near Rifle, Colorado, for repeated violation of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). On December 7, 2007, the Enforcement Bureau's Denver Office issued a Notice of Apparent Liability for Forfeiture ("NAL") to Western Slope in the amount of $13,000 after determining that Western Slope apparently repeatedly failed to comply with the antenna structure registration ("ASR") lighting, monitoring, record keeping, and notification requirements specified for antenna structure
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Western Slope Communications, LLC, ("Western Slope") registrant of antenna structure number 1023390, near Rifle, Colorado. The Consent Decree terminates an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). 1. The Bureau and Western Slope have negotiated the terms of the Consent Decree, a copy of which is attached hereto and incorporated by reference. 2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent
- http://www.fcc.gov/eb/Orders/2008/DA-08-2776A2.html
- Commission (the "FCC" or "Commission") and Western Slope Communications, LLC, ("Western Slope") owner of antenna structure number 1023390, near Rifle, Colorado, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating an enforcement proceeding relating to whether Western Slope violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), 17.48, and 17.57 of the Commission's Rules ("Rules"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, Title 47 of the United States Code. b. "Adopting Order" means an order of the Bureau adopting the terms and conditions of this Consent Decree. c. "Bureau" means the
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- # 1027115 ) FRN 0006161855 Hollidaysburg, PA ) ) FORFEITURE ORDER Adopted: February 20, 2008 Released: February 21, 2008 By the Acting Regional Director, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Forever of PA, Inc. ("Forever") for willfully violating Sections 17.47, 17.48, and 17.51(a) of the Commission's Rules ("Rules") by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. II. BACKGROUND 2. On February 22, 2007, the Commission's Buffalo Field Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Forever for failure to properly maintain the
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- not issue a NOTAM at that time, because the agents were not the owner of the structure. Local sunset on this date was 5:30 PM. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620002 (Enf. Bur., New Orleans Office, April 6, 2007) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 C.F.R. S: 17.51(a). Section 17.48 of the Rules requires tower owners to notify the nearest Flight Service Station or office of the FAA immediately of a lighting outage that requires more than 30 minutes to correct. 47 C.F.R. S: 17.48. As provided by 47 U.S.C. S: 312(f)(2), a continuous violation is "repeated" if it continues for more than one day. The Conference Report for Section
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- Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of fifteen thousand two hundred dollars ($15,200) to Pembrook Pines Elmira, Ltd. ("Pembrook"), licensee of stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of antenna structure numbers 1008080 and 1008079 in Elmira, NY, for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules ("Rules") by failing to comply with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light outage, and failing to operate its AM stations consistent with the modes and power authorized in the stations' licenses. II. BACKGROUND 2. On January 12, 2007, the Buffalo Field Office issued a Notice
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- Corporation ("CRC"), registrant of antenna structure #1019247, in Claremont, California. CRC seeks reconsideration of the Forfeiture Order, issued by the Western Region, Enforcement Bureau ("Region"), in which CRC was found liable for a monetary forfeiture in the amount of $13,000 for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("the Act"), and Sections 17.23, 17.47, 17.48, 17.49 and 17.57 of the Commission's Rules ("Rules"). For the reasons discussed below, we deny CRC's Petition. II. BACKGROUND 2. According to the Commission's ASR database, antenna structure #1019247 is required to have painting and lighting in accordance with Chapters 3, 4, 5 and 13 of FAA Circular 70/7460-1J. Specifically, the structure is required to be painted and have obstruction
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- the Regional Director, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eight thousand dollars ($8,000) to Threshold Communications ("Threshold"), owner of antenna structure #1015782, near Waterford, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.51(a), 17.47(a), and 17.48 of the Commission's Rules ("Rules"). On September 28, 2007, the Enforcement Bureau's San Francisco Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000 to Threshold for failing to exhibit the structure's red obstruction lighting from sunset to sunrise; by failing to make observation of the antenna structure's lights at least once each 24 hours
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- 2010 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to KFW Communications LLC dba Almega Cable Inc. ("KFW"), owner of the cable television system and antenna structure number 1041490 in Bloomington, Texas for willful and repeated violations of Sections 11.35(a), 17.48, and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve KFW's failure to install operational Emergency Alert System ("EAS") equipment, failure to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage, and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On February 4, 2010, the Commission's Houston Office of the Enforcement Bureau ("Houston
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- Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) to KFW Communications LLC dba Almega Cable Inc. ("KFW"), former owner of cable television system and owner of antenna structure number 1045666, in Yorktown, Texas, for willful and repeated violations of Sections 11.35(a), 17.4(g), 17.48, and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve KFW's failure to install operational Emergency Alert System ("EAS") equipment, failure to display the Antenna Structure Registration ("ASR") number in a conspicuous place so that it is readily visible near the base of the antenna structure, failure to notify the Federal Aviation Administration ("FAA") immediately of a lighting outage,
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- Aviation Administration ("FAA") issued a Notice to Airmen regarding antenna structure number 1048971. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 201032540001 (Enf. Bur., Houston Office, October 8, 2009) ("NAL"). 47 U.S.C. S: 503(b). 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). 47 C.F.R. S: 17.47. ECPI did not notify the FAA of the lighting outage. See 47 C.F.R. S: 17.48 (requiring immediate notification to the FAA of any top steady or flashing obstruction lighting outage not repairable within 30 minutes). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any
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- Yorktown, Texas ) ) ORDER Adopted: July 26, 2011 Released: July 26, 2011 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Order ("Order"), we determine that no forfeiture penalty should be imposed on RAMCO Broadband Services ("RAMCO"). 2. In the Notice of Apparent Liability for Forfeiture ("NAL"), we found RAMCO apparently liable for violating sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's rules ("Rules"). Consistent with section 503(b)(4) of the Communications Act of 1934, as amended, RAMCO was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record and based upon additional information provided by RAMCO, we are persuaded that RAMCO did not own the antenna
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- Released: September 12, 2011 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Taylor Communications, Inc. ("Taylor"), licensee of Station WOXD-FM, in Oxford, Mississippi and owner of antenna structure number 1038246, for willful and repeated violation of section 17.48(a) of the Commission's rules ("Rules") and willful violation of section 73.3526 of the Rules. The noted violations involve Taylor's failure to inform the Federal Aviation Administration ("FAA") of a malfunction of the antenna structure lighting and its failure to make available a public inspection file. II. BACKGROUND 2. On September 25, 2008, in response to a complaint alleging violations concerning
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- Enf. Bur. 2011). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated herein by reference. The Tower is 134.1 meters above ground in height and is required to be painted and lit. See Antenna Structure Registration Database, Registration Number 1058250. NAL at 5144-5145. Id. See also 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). Letter from Lewis H. Goldman, Attorney for Andrews Tower Rental, Inc., to James D. Wells, District Director, Dallas Office, dated June 3, 2011 ("NAL Response"). Karen
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- November 18, 2011 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Timothy J. Mullen ("Mullen"), registrant of antenna structure #1016437 in Cawelo, California, apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended, ("Act") and sections 17.51(a), 17.48, and 17.57 of the Commission's rules ("Rules") by failing to: (1) exhibit the antenna structure's red obstruction lighting from sunset to sunrise; (2) immediately notify the Federal Aviation Administration (FAA) of a known extinguishment of any flashing obstruction light; and (3) notify the Commission of the structure's ownership change. We conclude that Mullen is apparently liable for a forfeiture in
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- 405 of the Communications Act of 1934, as amended ("Act"), and section 1.106 of the Commission's rules ("Rules"), we deny in part and grant in part a Petition for Reconsideration ("Petition") filed by Forever of PA, Inc. ("Forever"). The Petition seeks reconsideration of a Forfeiture Order that imposed a monetary forfeiture of $10,000 against Forever for willfully violating sections 17.47, 17.48, and 17.51(a) of the Rules by failing to comply with the antenna structure lighting, monitoring, and reporting requirements specified for antenna structure # 1027115. For the reasons set forth below, we grant in part and deny in part the Petition and reduce the forfeiture to $8,000. I. background 2. Forever is the registrant of antenna structure # 1027115 (the "Antenna
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- In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to International Church of the Foursquare Gospel DBA Radio Station KFSG FM ("Foursquare Gospel"), registrant of antenna structure #1012525 in Los Angeles, California, for repeated violations of Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Sections 17.6, 17.47(a), 17.48 and 17.51(a) of the Commission's Rules ("Rules"). The noted violations involve Foursquare Gospel's failure to exhibit the structure's red obstruction lighting from sunset to sunrise; failure to maintain the antenna structure painting and lighting in accordance with its Antenna Structure Registration ("ASR"); failure to monitor the antenna structure's lights using a properly maintained indicator and/or automatic alarm system designed to
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- Notice of Apparent Liability for Forfeiture and Order shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to KFW Communications LLC at P.O. Box 479, Bedford, TX 76021. FEDERAL COMMUNICATIONS COMMISSION Robert C McKinney District Director Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. S: 17.47. See infra P: 7. See 47 C.F.R. S: 17.48 (requiring notification to the FAA of any observed or otherwise known extinguishment or improper functioning of tower lighting). See Letter from Robert C. McKinney, District Director, Kansas City Office, to KFW Communications, dated June 3, 2010. See Letter from Charles Wesley, Technical Support, KFW, to Robert C. McKinney, District Director, Kansas City Office, dated June 18, 2010 ("First LOI Response");
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- of the structure in the Antenna Structure Registration ("ASR") database. See also Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas Office, dated October 15, 2010. Ms. McMillan admitted that Andrews Tower Rental Inc. appeared to still own the tower. 4 See Antenna Structure Registration Database, Registration Number 1058250. See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on July 8, 2010, at the agent's request. On July 8, 2010, Andrews Tower's owner responded to the voice message stating
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- this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Miller Communications, LLC, ATTN: Jim Miller, 14 Polkville Rd, Columbia, NJ 07832. FEDERAL COMMUNICATIONS COMMISSION Douglas Miller District Director, Atlanta Office South Central Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S:S: 17.47(a), 17.51(a). See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM on December 9, 2010, at the agent's request. Miller was first contacted on December 9, 2010 about the Tower, but denied
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- NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 13, 2011 Released: January 13, 2011 By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that RAMCO Broadband Services ("RAMCO"), owner of antenna structure number 1045666, in Yorktown, Texas, apparently willfully and repeatedly violated sections 17.4(g), 17.48, 17.51(a), and 17.57 of the Commission's Rules ("Rules") by failing to: (1) display the Antenna Structure Registration Number ("ASRN") in a conspicuous place so that it is readily visible near the base of the antenna structure; (2) notify the Federal Aviation Administration ("FAA") immediately of a known extinguishment of any flashing obstruction lighting; (3) exhibit all red obstruction lighting from
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- West Jarvis Avenue, Skokie, Illinois 60076, and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850 M Street NW, Suite 240, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Ronald D. Ramage District Director, Kansas City Office South Central Region Enforcement Bureau 47 C.F.R. S:S: 11.35, 17.51, 73.3526. 47 U.S.C. S: 303(q). 47 C.F.R. S: 73.1560(b). See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). The FAA issued a NOTAM for the antenna structure on January 28, 2011, at the agent's request. KM Radio acquired both stations in 2003. See File
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- Central Region Enforcement Bureau 47 U.S.C. S: 303(q). 47 C.F.R. S: 17.51(a). On May 31, 2011, the agent also contacted the Federal Aviation Administration (FAA) and learned no one had contacted the FAA about a light outage on the Antenna Structure and that a Notice to Airmen (NOTAM) had not been issued for the Antenna Structure. See 47 C.F.R. S: 17.48 (requiring owners of registered antenna structures that have been assigned lighting specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing obstruction light not corrected within 30 minutes). A NOTAM for the Antenna Structure was issued June 1, 2011 after Telava contacted the FAA. Letter from Douglas G. Miller, District Director, Atlanta Office, to
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- to: (1) notify the Commission immediately of a change in antenna structure ownership; (2) exhibit required obstruction lighting from sunset to sunrise on two antenna structures; (3) notify the Federal Aviation Administration (FAA) immediately of the lighting outages; and (4) maintain the required paint on the Antenna Structures, in violation of Section 303(q) of the Act and Sections 17.57, 17.51, 17.48, and 17.50 of the Commission's rules (Rules), respectively. 2. North Chapel should take immediate steps to come into compliance and to avoid any recurrence of this misconduct, including maintaining current contact information in the Antenna Structure Registration (ASR) database, repainting the Antenna Structures, repairing the Antenna Structure lighting, and notifying the FAA of the lighting outages until they are repaired.
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- the Resident Agent, Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that James A. Davis, owner of antenna structure number 1214169 (the Antenna Structure), in Hearne, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.48(a), 17.50, 17.51(a), and 17.57 of the Commission's rules (Rules) by failing to: (1) notify immediately the Federal Aviation Administration (FAA) of an antenna structure light outage; (2) clean or repaint his antenna structure as often as necessary to maintain good visibility; (3) exhibit red obstruction lighting from sunset until sunrise; and (4) notify the Commission of a change in ownership
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- Antenna Structure Registration database for antenna structure number 1060813. Local sunset time was 5:16 p.m. Red obstruction lighting is required to be exhibited from sunset until sunrise. See 47 C.F.R. S: 17.51(a). A Notice to Airmen (NOTAM) had been issued for the Antenna Structure but the FAA had issued it internally, without notification by Martin Broadcasting. See 47 C.F.R. S: 17.48 (requiring antenna structure owners to notify the FAA immediately of certain known lighting outages). See 47 C.F.R. S: 17.47 (requiring antenna structure owners to observe required lighting once every 24 hours or to install an automatic alarm system). 47 U.S.C. S: 503(b). 47 U.S.C. S: 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision [inserted in
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- in violation of Section 17.4 of the Rules, one for failure to repair or replace malfunctioning tower lights as soon as practicable in violation of Section 17.56 of the Rules, and one for failure to make daily observations of tower lighting and to notify the FAA upon resumption of normal operation of tower lighting in violation of Sections 17.47(a)(1) and 17.48(a) of the Rules. We consider tower lighting violations to be very serious due to the danger posed to aircraft. We are not persuaded that Crown's overall history of compliance justifies a reduction in the forfeiture. We have examined Crown's response to the NAL pursuant to the statutory factors above, and in conjunction with the Policy Statement as well. As a
- http://www.fcc.gov/eb/Public_Notices/DA-02-1238A1.html
- West Bend, WI. Chicago, IL District Office (4/9/02). * Milwaukee Repeater Service, Inc., Allentown, WI. Chicago, IL District Office (4/11/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * SF New Orleans License Subsidiary, Inc., New Orleans, LA. New Orleans, LA District Office (4/9/02). * SpectraSite Communications, Inc., 1231204, Ellsworth, OH. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (4/29/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * United States Cellular, Canton, IL. Chicago, IL District Office (4/1/02). * Hill Country Real Estate Development Corporation, Chevy Chase, MD. Other violations: 47 C.F.R. 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment) and
- http://www.fcc.gov/eb/Public_Notices/DA-02-1367A1.html
- Fuente De Aqua Viva, San Juan, PR. $15,000 NAL. Other violations: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). San Juan, PR Resident Agent Office (5/14/02). * Sprintcom, Inc., Mount Vernon, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Detroit, MI District Office (5/24/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Emmis Television License Corporation, New Orleans, LA. $5,000 NAL. Other violation: 47 C.F.R. 17.57 (Report and Radio Transmitting Antenna Construction, Alteration, and/or Removal). New Orleans,
- http://www.fcc.gov/eb/Public_Notices/DA-02-1689A1.html
- Fencing Requirements) and 73.1350 (Transmission System Operation). Norfolk, VA Resident Agent Office (6/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Number * Media Broadcasting Corporation, Winston-Salem, NC. $12,000 NAL. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (6/13/02). * Beacon Broadcasting, Inc., Warren, OH. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.50 (Cleaning and Repainting). Philadelphia, PA District Office (6/14/02). * Seggi Broadcasting of Florida, Inc., Lake Wales, FL. $24,000 NAL. Other violations: 47 C.F.R. 17.23 (Specifications for Painting and Lighting Antenna Structures), 17.50 (Cleaning and Repainting) and 17.51 (Time When Lights Should Be Exhibited). Tampa, FL District Office (6/20/02). * Moffatt
- http://www.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- Commercial Stations). Denver, CO District Office (12/12/01). * 47 C.F.R. 11.61 Tests of EAS Procedures * Bay Broadcasting Corp., Annapolis, MD. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District Office (12/4/01). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * BJ Services, Houston, TX. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Kansas City, MO District Office (12/6/01). * Fred Forte, d.b.a. Forte Corporation, Berlin, NJ. Other violation: 47 C.F.R. 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (12/6/01). * AT&T Wireless Services, Inc., Washington, DC. Tampa, FL District Office (12/14/01). * Lewis Towers, Ormond Beach, FL. Tampa, FL District Office (12/21/01).
- http://www.fcc.gov/eb/Public_Notices/DA-02-3583A1.html
- 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4 Antenna Structure Registration * Georgia Transmission Corp., Tucker, GA. $3,000 NAL. Atlanta, GA District Office (11/5/02). * NRS Enterprises, Inc., Tullahoma, TN. $3,000 NAL. Atlanta, GA District Office (11/5/02). * 47 C.F.R. 17.48 Notification of Extinguishment and Improper Functioning of Lights * CenturyTel Wireless of Michigan RSA # 1& 2, Inc., Vancouver, WA. $13,000 NAL. Detrott, MI District Office (11/8/02). * 47 C.F.R. 17.50 Cleaning and Repainting * 4M of Richmond, Inc., WLEE, Richmond, VA. $21,000 NAL. Other violations: 47 C.F.R. 73.49 (AM Transmission Fencing Requirements) and 73.1745 (Unauthorized Operation). Norfolk, VA Resident
- http://www.fcc.gov/eb/Public_Notices/DA-02-402A1.html
- GTE Hawaiian Telephone Company, Inc., Irving, TX. Honolulu, HI Resident Agent Office (1/29/02). * 47 C.F.R. 17.21 Painting and Lighting, When Required * Morgan Towers, Inc., Cinnaminson, NJ. Philadelphia, PA District Office (1/10/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting Antenna Structures * AT&T Wireless Services, Inc., Center Township, PA. Philadelphia, PA District Office (1/13/02). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * Wisconsin RSA No. 8 Limited Partnership, Barlington, WI. Chicago, IL District Office (1/15/02). * Wisconsin RSA No. 8 Limited Partnership, Darlington, WI. Chicago, IL District Office (1/15/02). * 47 C.F.R. 17.51 Time When Lights Must Be Exhibited * American Tower Limited Partnership, Atlanta, GA. Tampa, FL District Office (1/23/02). * 47
- http://www.fcc.gov/eb/Public_Notices/DA-02-724A1.html
- 17.4(g) (Posting of Antenna Structure Registration), 73.1350 (Transmission System Operation) and 73.1745 Unauthorized Operation). Atlanta, GA District Office (2/27/02). 47 C.F.R. Part 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Metro Communications, Inc., Radio Station WWCA, Gary, IN. Other violation: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notice of Extinguishment or Improper Functioning of Lights) and 73.1125 (Main Studio Location). Chicago, IL District Office (2/12/02). * Jordan Realty, Pottsville, PA. Other violation: 47 C.F.R. 17.7 (Antenna Structures Requiring notification to the FAA) and 17.21 (Painting and Lighting, When Required). Philadelphia, PA District Office (2/14/02). * Meade County Communications Inc., WMMG, Brandenburg, KY. Chicago, IL District Office (2/26/02).
- http://www.fcc.gov/eb/Public_Notices/DA-02-929A1.html
- 17 Construction, Marking & Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * Shenadoah Valley Electric Cooperative, KIA495, Mount Crawford, VA. Columbia, MD District Office (3/12/02). * 47 C.F.R. 17.4(g) Posting of Antenna Structure Registration Numbers * Sprintcom, Inc., Mount Vernon, OH. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Detroit, MI District Office (3/1/02). * Tower Ventures III, L.L.C., Memphis, TN. Kansas City, MO District Office (3/11/02). * Dame Media Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). * Telecom Consulting Group, Inc., Utica, NY. Buffalo, NY Resident Agent Office (3/18/02). * AT&T Wireless Services, Inc., Gary, IN. Chicago, IL
- http://www.fcc.gov/eb/Public_Notices/DA-03-1446A1.html
- for Painting and Lighting Antenna Structures * Union Oil of California dba Unocal. $12,000 NAL. Other violation: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number). Anchorage, AK Resident Agent Office (1/31/03). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Urban Radio of Pennsylvania, L.L.C., WURP, Philadelphia, PA. $15,000 NAL. Other violations: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (1/6/03). * 47 C.F.R. 17.50 Cleaning and Repainting * John W. Ashley dba Ashley Communications, Plant City, Florida. $10,000 NAL. Tampa, FL District Office (1/22/03). * Ad-Venture Media, Inc., WQRK, Bedford, Indiana. $10,000 NAL. Chicago, IL District Office (1/23/03). *
- http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
- Leasing, Thomas M. Jones. Issued $10,000 NAL for failure to maintain antenna structure painting. NAL also issued for violation of 47 C.F.R. § 17.50 (Cleaning and Repainting of Antenna Structures). Honolulu, HI Office (5/10/00). Stan Norman, North Canton, OH. Issued $7,000 NAL for failure to register antenna structure with the Commission. NAL also issued for violation of 47 C.F.R. §§ 17.48 (failure to notify the FAA of improperly functioning tower lights) 17.50 (failure to repaint the antenna structure as often as necessary in order to maintain good visibility). Detroit, MI Office (5/12/00). Commission Rules 47 C.F.R. § 1.89 (Notice of Violation) Richard E. LaPierre, Lady Meghan Ryan, WCX4267, Seabrook, NH. Issued $4,000 NAL for failure to provide written response to official
- http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
- (6/28/00). Sprint Spectrum, L.P., Rosemont, IL. Kansas City, MO District Office (6/28/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures OPM-USA, Inc., Sarasota, FL. New Orleans, LA District Office (6/12/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Alabama Educational Television Commission, WGIQ(TV), Birmingham, AL. Other violations: 47 C.F.R. §§ 17.48 (Notification of Extinguishment or Improper Functioning of Lights) and 17.56 (Maintenance of Lighting Requirement). Atlanta, GA District Office (6/22/00). Chancellor Media DC, WTEM, Rockville, MD. Other violations: 47 C.F.R. §§ 73.1820 (Station Log) and 73.1870 (Chief Operators). Columbia, MD District Office (6/27/000). San Isabel Cellular of Colorado Limited, Trinidad, Colorado. Denver, CO District Office (6/28/00). 47 C.F.R. § 17.48 -
- http://www.fcc.gov/eb/Public_Notices/da001850.doc http://www.fcc.gov/eb/Public_Notices/da001850.html
- GA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (7/17/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Washington State University d/b/a KFAE-FM, Kennewick, WA. Seattle, WA District Office (7/24/00). Detroit SMSA Limited Partnership, Hoffman Estates, IL. Detroit, MI District Office (7/25/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Primeco Personal Communications, Metairie, LA. New Orleans, LA District Office (7/5/00). Century Cellunet of North Louisiana, Monroe, LA. New Orleans, LA District Office (7/6/00). Sprint Spectrum, L.P., Metairie, LA. New Orleans, LA District Office (7/6/00). Louisiana Generating, New Roads, LA. New Orleans, LA District Office (7/7/00). Telepak, Inc., Jackson, MS. New
- http://www.fcc.gov/eb/Public_Notices/da002136.doc http://www.fcc.gov/eb/Public_Notices/da002136.html
- Motorola, Inc., Albuquerque, New Mexico. Denver, CO District Office (8/18/00). Titan Towers, LP, Cedar Crest, New Mexico. Denver, CO District Office (8/18/00). US West New Vector Group, Inc., dba Airtouch Cellular, Albuquerque, New Mexico. Denver, CO District Office (8/18/00). West Tennessee Communications, Dyersburg, TN. Other violations: 47 C.F.R. §§ 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48(Notification of Extinguishment of Improper Functioning of Lights) New Orleans, LA District Office (8/18/00). AT&T Wireless Services Inc, Washington, DC. Dallas, TX District Office (8/22/00). Burlington Northern and Santa Fe Railway, Kansas City, KS. Dallas, TX District Office (8/22/00). J.C. Tomlinson, Bowie, TX. Dallas, TX District Office (8/22/00). Mobile Phone of Texas, Inc, Wichita Falls, TX. Dallas, TX District Office (8/22/00).
- http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
- Communications, Bernalillo, New Mexico. Denver, CO Disrict Office (9/6/00). Rio Grande Transmission, Inc., Apache Springs, New Mexico. Denver, CO District Office (9/6/00). 360( Communications Company of New Mexico, Santa Fe, New Mexico. Denver, CO District Office (9/6/00). F B Tauer Company, Howell, MI. Detroit, MI District Office (9/8/00). Southern California Gas Company, San Diego, CA. Other violation: 47 CFR § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Los Angeles, CA District Office (9/8/00). Cellular Communications of PR, Inc., San Juan, PR. San Juan, PR Resident Agent Office (9/11/00). Joe E. Phillips, Lubbock, TX. Dallas, TX District Office (9/11/00). Route 66 Broadcasting Company, Santa Rosa, New Mexico. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Denver, CO
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- Detroit, MI District Office (10/30/00). Southwest Louisiana Electric Membership, Lafayette, LA. New Orleans, LA District Office (10/30/00). 47 C.F.R. § 17.45 - Temporary Warning Lights American Tower Corp, Boston, MA. Columbia, MD District Office (10/18/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Calvary Inc., Pittsburgh, PA, KQV (AM). Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). Philadelphia, PA District Office (10/11/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Philcom Ltd, Cinnaminson, NJ, Antenna Structure 1027110. Philadelphia, PA District Office (10/11/00). Crown Atlantic Company, LLC, Canonsburg, PA. Columbia, MD District Office (10/16/00). Commercial Communications LLC. New Orleans, LA District Office (10/17/00). Century Cellnet
- http://www.fcc.gov/eb/Public_Notices/da002855.doc http://www.fcc.gov/eb/Public_Notices/da002855.html
- Inc., Kenosha, WI, WIIL. Chicago, IL District Office (11/30/00). Next Media Licensing, Inc., Sturtevant WI, WEXT. Chicago, IL District Office (11/30/00). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration 47 C.F.R. § 17.4(a) - Antenna Structure Registration Entravision Holdings, LLC, Santa Monica, CA. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment of Improper Functioning of Lights). San Francisco, CA District Office (11/3/00). H Brown, Inc., Eunice, LA. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting). New Orleans, LA District Office (11/7/00). Union Pacific Railroad Company, Omaha, NE. New Orleans, LA District Office (11/7/00). Transport Communications, Inc., Pontiac, MI. Other violation: 47 C.F.R. § 17.48(Notification of Extinguishment or
- http://www.fcc.gov/eb/Public_Notices/da00580.doc http://www.fcc.gov/eb/Public_Notices/da00580.html
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
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- Office (3/3/00). Radio Group II, WMNY, Buffalo, NY. NOV also issued for violation of 47 C.F.R. §§ 11.35 and 11.52. Buffalo, NY Office (3/3/00). Jacor Communications, Inc., WHAM, Rochester, NY. NOV also issued for violation of 47 C.F.R. § 11.61. Buffalo, NY Office (3/14/00). WBJX, Inc., Radio Station WBJX, Racine, Wisconsin. NOV also issued for violation of 47 C.F.R. §§ 17.48, 73.49, and 73.1125. Chicago, IL Office (3/15/00). Girdwood Community Club, Inc.. NOV also issued for violation of 47 C.F.R. §§ 11.52, 11.61, and 73.1870. Anchorage, AK Office (3/21/00). Radio One Licenses, Inc. WBOT(FM), Brockton, MA. NOV also issued for violation of 47 C.F.R. §§ 73.1125(a), 73.1125(d), 73.1230(a), 73.1350(c)(1), 73.1560(b), 73.1590(a)(1), 73.1800(a), 73.1870(a), and 73.3526(a)(2). New England District Office (3/28/00). 47
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- Municipal Water District, Wylie, Texas. Dallas, TX Office (4/6/00). Crown Castle International, Aguadilla, Puerto Rico. San Juan, PR Office (4/10/00). Borough of Pompton Lakes, Pompton Lakes, NJ. New York, NY Office (4/11/00). Gary L. Autry, Frankton, CO. Denver, CO Office (4/12/00). Mr. & Mrs. Johnny Keath and Patty McLaughlin, Auburndale, FL. NOV also issued for violation of 47 C.F.R. § 17.48 (Notification of extinguishment or improper functioning of lights). Tampa, FL Office (4/12/00). Vertex Communications Corporation. Dallas, TX Office (4/13/00). Morris Broadcasting Company of New Jersey, WIMG(AM), Trenton, NJ. NOV also issued for violation of 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). Philadelphia, PA Office (4/14/00). La Biondo Brothers Motor Express, Inc., Rosenhayn, NJ.. NOV also issued for violation
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- for Commercial Stations). New Orleans, LA District Office (3/29/01). City of Belleville, Belleville, IL. Chicago, IL District Office (3/30/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Hawaiian Wireless, Inc., Providence, RI. Honolulu, HI Resident Agent Office (3/1/01). Quad States Towers & Communications, Luverne, MN. Other violations: 47 C.F.R. §§ 17.21 (Painting and Lighting, When Required) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/1/01). Trogden Zelbie, Glendale, CA. Los Angeles, CA District Office (3/1/01). AT&T Wireless Services, Inc., Baltimore, MD. Columbia, MD District Office (3/5/01). Celulares Telefonica (KNKA464), San Juan, PR. Other violation: 47 C.F.R. § 17.50 (Cleaning and Repainting) San Juan, PR Resident Agent Office (3/6/01). Chugach Electric Association, Inc.,
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- Sprint Spectrum L.P., Dallas, Texas. Dallas, TX District Office (12/27/00). 47 C.F.R. § 17.23 - Specifications for Painting and Lighting Antenna Structures Pinnacle Towers, Inc, Sarasota, FL. New York, NY District Office (12/20/00). 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment American Tower Corporation, Atlanta, GA. Tampa, FL District Office (12/5/00). 47 C.F.R. § 17.48 - Notification of Extinguishment of Improper Functioning of Lights Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Norfolk, VA Resident Agent Office (12/8/00). Alltel Communications, Inc., Little Rock, AR. Other violation: 47 C.F.R. §17.57(Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Norfolk, VA Resident Agent Office
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- (4/26/01). 47 C.F.R. Part 11 - Emergency System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Hancock Broadcasting Corporation (WBSL), Bay St. Louis, MS. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (4/4/01). Zachery Broadcasting Company, Lanett, AL. $24,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.56 (Maintenance of Lighting Equipment), 73.49 (AM Transmission System Fencing Requirements) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (4/16/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures
- http://www.fcc.gov/eb/Public_Notices/da011644.doc http://www.fcc.gov/eb/Public_Notices/da011644.html
- - Antenna Structure Registration Multicultural Radio Broadcasting, Inc., Pasadena, CA San Francisco, CA District Office (5/1/01). Crown Castle International Corp., Canonsburg, PA. Tampa, FL District Office (5/2/01). Chinook Concert Broadcasters, Anchorage, AK. Anchorage, AK Resident Agent Office (5/23/01). 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Numbers Kelly Broadcasting System Inc., Arecibo, PR. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). San Juan, PR Resident Agent Office (5/1/01). Kwiatkowski, Thomas:Kwiatkowski, Barbara, Lake Geneva, WI. Chicago, IL District Office (5/1/01). AT&T Wireless Services, Inc., Washington, D.C. San Francisco, CA District Office (5/4/01). Spectrasite Communications, Inc., Cary, NC. San Francisco, CA District Office (5/4/01). US West Newvector Group, Inc., Bellevue, WA. Portland, OR Resident Agent
- http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
- Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. § 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operations), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), and 73.1870 (Chief Operator). Kansas City, MO District Office (6/18/01). Adelphia Cable, Hanover, NH. Other violation: 47 C.F.R. § 76.605 (Technical Standards). Boston, MA District Office
- http://www.fcc.gov/eb/Public_Notices/da012031.doc http://www.fcc.gov/eb/Public_Notices/da012031.html
- LA. $15,000 NAL. Other violation: 47 C.F.R. § 73.49 (AM Transmission System Fencing Requirements). New Orleans, LA District Office (7/24/01). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment The Original Company, Inc., WBTO-FM, Petersburg, IN. $5,000 NAL. Other violation: 47 C.F.R. § 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (7/3/01). NOTICES OF VIOLATION Communications Act 47 U,S.C. § 302 - Devices Which Interfere With Radio Reception Fifties Inc. d.b.a. Fifties Communications, San Juan, PR. Other violation: 47 C.F.R.§ 2.803 (Marketing of Radio Frequency Devices Prior to Equipment Authorization). San Juan, PR Resident Agent Office (7/23/01). 47 C.F.R.
- http://www.fcc.gov/eb/Public_Notices/da012273.html http://www.fcc.gov/eb/Public_Notices/da012273.pdf
- Antenna Structures) and 17.50 (Cleaning and Repainting). Denver, CO District Office (8/23/01). * Winegars Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). * Winegars Rentals, Repair & Storage, West Warren, UT. Denver, CO District Office (8/23/01). * Hampdon Communications, Charlton, MA. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (8/24/01). * New Par, Alpharetta, GA. Detroit, MI District Office (8/28/01). * Tea Comm Corp, Hays, KS. Kansas City, MO District Office (8/29/01) * Clearshot Communications, LLC, Malvern, PA. Chicago, IL District Office (8/30/01). * WTTL, Madisonville, KY. Chicago, IL District Office (8/31/01). * Towers II LLC, Mayfield,
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- MO District Office (9/24/01). * Vera R. Baldwin, Inc., WDLW(AM), Fairfield, OH. Other violation: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements). Detroit, MI District Office (9/28/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * EBC, Inc., McCook, KS. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS
- http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
- District Office (11/19/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Beacon Broadcasting, Inc., Greenville, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City,
- http://www.fcc.gov/eb/Public_Notices/da01541.doc http://www.fcc.gov/eb/Public_Notices/da01541.html
- International, Canonsburg, PA. Other violation: 47 C.F.R. § 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal). Anchorage, AK Resident Agent Office (1/19/01). Nueces Radio Partner LTD dba KOUL FM, Boerne, TX. Houston, TX Resident Agent Office (1/22/01). Alaska Electrical Pension Fund dba Pacific Tower Properties, Inc. Other violations: 47 C.F.R. §§ 17.22 (Particular Specifications to be Used) and 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Anchorage, AK Resident Agent Office (1/26/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). New York City Fire Department, Brooklyn, NY. New York, NY District Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY Resident Agent Office (1/24/01). Niagara Mohawk Power Corp., Buffalo, NY. Buffalo, NY
- http://www.fcc.gov/fcc-bin/audio/DA-00-580A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-580A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-580A1.txt
- the FAA. Owners, however, should be aware that if the FSS staff asks for a ``tower number,'' they are likely asking for the seven-digit ASR Number, which is given to the owner when the structure is registered with the FCC. Finally, antenna structure owners are responsible for ensuring that the FSS is notified of all pertinent information required by Section 17.48 of the Commission's Rules, including the ASR Number. However, the owner is further advised that even if they delegate this responsibility to a second entity, such as a tower lighting monitoring company, the owner remains responsible to ensure that all of the information required under FCC rules is provided. NOTE: Some antenna structure owners remotely monitor tower lighting status. If
- http://www.fcc.gov/fcc-bin/audio/DA-04-1600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-1600A1.pdf
- the company hired by PCI to monitor remotely its antenna structure and notify the Federal Aviation Administration (``FAA'') of any outages, did not detect this outage. PCI contacted United Tower Inc. (``UTI'') in Wichita, Kansas and contracted with it to conduct repairs on the structure. The FAA was not notified of the lighting outage on the structure consistent with Section 17.48(a) of the Rules. On December 3, 2002, a Commission agent from the Kansas City Office inspected PCI's antenna structure and observed that there was no lighting between the 1/2 overall height level and the top most flashing beacon and that a beacon at the 1/3 overall height level was lighted but not flashing. After being so informed by the agent,
- http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.pdf
- Order, 20 FCC Rcd 19051, 19053. (2005). See Forfeiture Policy Statement, 12 FCC Rcd at 17104-05 ¶ 39. See 47 U.S.C. § 307(a). See Forfeiture Policy Statement, 12 FCC Rcd at 17104-05. Statement at 4. Urban Radio of Pennsylvania, L.L.C., Forfeiture Order, 19 FCC Rcd 19467 (EB 2004) (issuing $12,000 forfeiture order for willful and repeated violations of Sections 17.47(a), 17.48(a) and 17.51(a) of the Rules by failing to exhibit red obstruction lighting on its antenna structure, failing to make observation of the obstruction lighting once every 24 hours and failing to notify the Federal Aviation Administration of an obstruction lighting outage). Findings of violations, or apparent violations, by parent, sister or commonly controlled companies are imputed to, and also negate
- http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-403A1.pdf
- § 0.283. See 47 C.F.R. § 73.3539. 47 C.F.R. § 73.3539(a). See 47 C.F.R. §§ 73.1020, 73.3539(a). Schademann Objection at 1. Id.; see 47 C.F.R. §§ 11.35 (describing requirements for operational readiness of EAS equipment) and 73.1820(a)(1)(iii) (describing requirement to maintain a log of each test and activation of the EAS system). Schademann Objection at 2; see 47 C.F.R. § 17.48 (describing requirements to notify the Federal Aviation Administration of any observed or known extinguishment or malfunction of tower lights). Schademann Objection at 2; see 47 C.F.R. § 73.3580(d) (describing requirements to broadcast pre-filing and post-filing announcements of a broadcast station's license renewal application). The Schademann Objection claims that the Station failed to maintain a file of listener complaints. Schademann Objection
- http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.pdf
- is necessary in the face of expanded use of such devices likely to result from action taken in this proceeding. The comments indicate the present availability of several types of antenna tower light monitors. Some such devices are currently permitted as an alternative to inspection by individuals. No evidence has been presented that such devices have been unreliable. Currently, Section 17.48(a) requires that the licensee notify the Federal Aviation Administration ("FAA") of any extinguishment or improper functioning of any top steady burning light or any flashing obstruction light that cannot be repaired within 30 minutes of discovery. No sufficient justification was given for changing this rule. The Commission believes that licensees ought to be promptly notified of tower light failure by