FCC Web Documents citing 17.47

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
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  • 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 the Rules. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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  • Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
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  • recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. � 503(b)(2)(E). 47 U.S.C. � 303(q). 47 C.F.R. � 17.51. FCC Form 715, Paragraph 3. FCC Form 715, Paragraph 12. 47 C.F.R. � 17.56. See 47 C.F.R. � 17.48. See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon. denied, 18 FCC Rcd 25481 (2003). See 47 C.F.R. � 17.47. 47 U.S.C. �� 303(q), 503(b); 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 17.51. 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission DA 07-2442 Federal Communications Commission DA 07-2442 b � � � : : hY^ hY^ : : : : : : � " b b 0 � � : Y^
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  • 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 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
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  • July 8, 2008 Released: July 10, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Order, we cancel the proposed forfeiture in the amount of twelve thousand dollars ($12,000) issued to David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL (``Owner'') for the apparent willful violation of Section 17.47(g) of the Commission's Rules (``Rules'') and the apparent willful and repeated violation of Section 17.50 of the Rules. The noted violations involved Owner's apparent failure to post Antenna Structure Registration (``ASR'') numbers and failure to paint his antenna structures to maintain good visibility. DISCUSSION On April 8, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a
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  • October 16, 2008 Released: October 20, 2008 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand six hundred dollars ($1,600) to BK Towers, LLC (``BK''), owner of antenna structure bearing registration number 1032514, Manter, Kansas (``Tower''), for willful and repeated violation of Section 17.47(a) of the Commission's Rules (``Rules''). The noted violation involves BK's failure to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. BACKGROUND On September 10, 2008, in response to a complaint of a tower light outage from the city manager
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  • 00-50080-16 FORFEITURE ORDER Adopted: December 11, 2008 Released: December 15, 2008 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 two thousand dollars ($2,000) to Ozark Media, Inc. (``OMI''), owner of antenna structure bearing registration number 1248505, Clementine, Missouri, for repeated violation of Sections 17.47(a) of the Commission's Rules (``Rules''). The noted violation involves OMI's failure to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. II. BACKGROUND On October 9, 2008, in response to a complaint of a tower light outage, an agent from the Commission's Kansas City Office of the
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  • In 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
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  • Communications 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''
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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
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  • execution of this Consent Decree, the Estate has effected the repair of all tower obstruction lighting on Antenna Structure # 1059331 in Stephenson, Michigan. The tower lights are presently operating in compliance with the FAA requirements set forth in the tower's FCC Antenna Structure Registration. Monitoring of Tower Lighting: As part of his regular duties, and in compliance with Section 17.47(a) of the Commission's rules, and at the Estate's direction, the Programming Director at Station WMXG is checking the status of the tower lights twice daily, once during daylight hours, and once after sunset. This task will be retained as a management duty, and is not delegated to the Station's regular staff. The Programming Director accesses the tower lighting through an
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  • Relay 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
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  • 21, 2008 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
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  • Return Receipt Requested to ERF Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. �� 17.51(b), 17.57. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932540001 (Enf. Bur., Houston Office, March 27, 2009) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
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  • 2009 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
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  • FOR FORFEITURE Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith
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  • Act requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
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  • Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Miller Communications, LLC (``Miller Communications''), owner of antenna structure number 1018669 located in Red Hill, Georgia, for willful and repeated violation of section 303(q) of the Communications Act of 1934, as amended (``Act'') and sections 17.47(a) and 17.51(a) of the Commission's rules (``Rules''). The noted violations involved Miller Communications's failure to monitor antenna structure lighting and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On April 12, 2011, the Enforcement Bureau's Atlanta Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Miller Communications.
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  • violator's gross revenues); Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). See id. See 47 C.F.R. � 17.47. See 47 C.F.R. � 17.48. See 47 U.S.C. � 303(q) (requiring the owner of a tower that ceases to be licensed by the Commission for the transmission of radio energy to maintain the prescribed painting and/or illumination of such tower until it is dismantled). 47 U.S.C. �� 303(q), 503(b); 47 C.F.R. �� 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 17.51(a). 47 U.S.C.
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  • section 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''),
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  • Bureau: 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
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  • FORFEITURE AND ORDER Adopted: February 28, 2011 Released: February 28, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that KFW Communications LLC (``KFW''), owner of antenna structure number 1040289 (``Tower''), located in Caldwell, Kansas , apparently willfully and repeatedly violated section 17.47 of the Commission's rules (``Rules'') by failing to observe the antenna structure's lights at least once each 24 hours. We conclude that KFW is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Furthermore, we direct KFW to submit a statement certifying compliance with the Commission's tower lighting rules. BACKGROUND On March 20, 2010, in response
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  • 12, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Miller Communications, LLC (``Miller''), owner of antenna structure number 1018669 located in Red Hill, Georgia (``Tower''), apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended (``Act'') and sections 17.47(a) and 17.51(a) of the Commission's rules (``Rules'') by failing to monitor antenna structure lighting and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude that Miller is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). BACKGROUND On December 9, 2010, in response to a complaint that the lights on the Tower
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  • ORDER Adopted: April 14, 2011 Released: April 14, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to KFW Communications LLC (``KFW''), owner of antenna structure number 1040289 (``Tower''), located in Caldwell, Kansas , for willful and repeated violation of section 17.47 of the Commission's rules (``Rules''). The noted violations involved KFW's failure to observe its antenna structure's lights at least once each 24 hours. 2. On February 28, 2011, the Enforcement Bureau's Kansas City Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $6,000 to KFW. KFW has not filed a response to
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  • 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 eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas (``Mr. Smith''), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file.
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  • under this exception. See LOI Response at 1. See 47 U.S.C. � 303(q). See 47 C.F.R. � 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. � 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. � 17.47(a) (requiring owners of antenna structures that are required to be lighted 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). 47 C.F.R. � 73.1560(b). KM Radio also had no means to monitor remotely its unattended AM
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  • in height to be painted and lighted). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). See infra note 19. 47 C.F.R. � 1.16. Section 17.47(a) of the Rules requires owners of antenna structures that are required to be lighted 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. 47 C.F.R. � 17.47(a). Although Telava stated that the Antenna Structure's landowner was
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  • By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Telava Wireless, Inc. (Telava), owner of antenna structure number 1050174 (the Antenna Structure) located in Fordsville, Kentucky, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act) and Sections 17.47 and 17.56(a) of the Commission's rules (Rules) by failing to make observations of the antenna structure lights at least once every 24 hours and to repair the unlit antenna structure lights as soon as practicable. We conclude that Telava is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). In addition, we direct Telava to submit,
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  • another entity is the registered owner of the Antenna Structures. III. APPLICABLE LAWS AND VIOLATIONS Section 303(q) of the Act states that antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission. Section 17.51(a) of the Rules requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified. Section 17.47 of the Rules requires antenna structure owners to observe antenna structure lights visually at least once every 24 hours to insure that all such lights are functioning as required. Section 17.48 of the Rules requires antenna structure owners to notify the FAA immediately of any known extinguishment of any top steady burning light or any flashing obstruction light, regardless of
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  • Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Martin Broadcasting, Inc. (Martin Broadcasting), owner of antenna structure number 1060813 (the Antenna Structure), located in Beaumont, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.47(a) and 17.51(a) of the Commission's rules (Rules) by failing to exhibit red obstruction lighting from sunset until sunrise and to monitor the structure lighting on a daily basis. We conclude that Martin Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, we direct Martin Broadcasting to submit, no later than thirty (30)
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  • 8-9, citing Liability of Mid-West Radio-Television, Inc., FCC 63-1024 (1963). Midwest Radio-Television was cited in Hubbard Broadcasting, Inc., a copy of which was attached to Primetime 24 Joint Venture v. Telcable Nacional, 1990 U.S. Dist. Lexis 20034 (1990). Although no separate forfeiture was assessed, we note that Tidewater's use of a manual light monitoring system does not comply with Section 17.47(a) of the Rules, which requires either daily visual observation of the antenna structure's lights or an automatic indicator designed to register light failure or installation of an automatic alarm system designed to detect light failure. See 47 C.F.R. � 17.47(a). Instead, Tidewater consciously chose to use a noncompliant monitoring system that apparently contributed to the outage on subsequent days in
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-95-412A1.pdf
  • tower moni- toring.4-' Apparently, some automated light monitoring sys tems currently in use can indicate a malfunction, but manual observation is often needed to identify which light is out.44 There was some discussion as to who should be notified in the event of a light failure - the licensee, the FAA or both - but no consensus emerged. 27. Section 17.47 requires that a licensee with an an tenna tower check the lights once a day. either directly or via a monitor, or use an automatic alarm system to signal any light failures. The Commission believes that this rule adequately addresses the operation of automatic tower light monitoring systems and that no addition to or amendment of it is necessary in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
  • 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained
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  • disagree with Crown's assertion that the circumstances surrounding the violation warrant a reduction in the forfeiture. To the extent that Crown faults the technician who incorrectly informed Crown's NOC that the tower's lighting had been restored, we note that daily observation of the Salinas tower would have alerted Crown to the fact that the tower's lighting was still out. Section 17.47(a)(1) of the Rules requires tower owners to ``make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights.'' It does not appear from the record before us that any daily observation of the Salinas tower occurred between April 28,
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  • Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR �� 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR �� 11.61 (Tests for EAS
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  • Nextel Communications, McLean, VA. Honolulu, HI Resident Agent Office (3/13/01). 47 C.F.R. � 17.22 - Particular Specifications to be Used State of Alaska, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/7/01). Matanuska Kenai Inc. DBA = Cellular Connection, Palmer, Alaska. Anchorage, AK Resident Agent Office (3/8/01). Municipality of Anchorage, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/12/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment L B Tower Company, LLC, Cincinnati, OH. Other violation: 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/9/01). USA Tower Inc., Windsor, NC. Other violations: 47 C.F.R. �� 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna
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  • Agent Office (12/20/00). Voice Stream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (12/22/00). Bluebonnet Radio, Inc., Greenville, Texas. Dallas, TX District Office (12/27/00). 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).
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  • EAS Procedures), 73.54 (Antenna Resistance and Reactance Measurements), 73.1230 (Posting of Station License), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). Chicago, IL District Office (4/13/01). Beacon Broadcasting Inc., WGRP(AM), Greenville, Pennsylvania. Other violations: 47 C.F.R. �� 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal), 73.49 (AM Transmission System Fencing Requirements), 73.1350 (Transmission System Operation), 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 (4/23/01). Four Him Enterprises, L.L.C., Potosi, MO. Other
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  • the Rules by failing to exhibit red obstruction lighting. USA Tower argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, and therefore, was not ``willful''. We disagree. The fact that a licensee's violation occurred through inadvertence does not prevent it from being willful. PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
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  • Inc., Sarasota, FL. Chicago, IL District Office (5/1/01). Radio Disney, Fort Washington, PA, (WWJZ, Mount Holly NJ). Other violations: 47 C.F.R. �� 73.62 (Directional Antenna System Tolerances), 73.1125 (Station Main Studio Location) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (5/7/01). American Tower Limited Partnership, Schaumburg, IL. Chicago, IL District Office (5/9/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Metropolitan Radio Group, Inc., Flower Mound, TX. Other violations: 47 C.F.R. � 73.1820 (Station Log) and 73.1870 (Chief Operator). Tampa, FL District Office (5/14/01). 47 C.F.R. � 17.48 - Notification of Extinguishment or Improper Functioning of Lights Missouri Pacific Railroad, Pacific, Missouri. Kansas City, MO District Court (5/1/01). Qwest Corporation,
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  • (Posting of Station License), 73.1800 (General Requirements Related to the 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:
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  • 73.1400 (Transmission System Monitoring and Equipment) and 73.1800 (General Requirements Related to the Station Log). Chicago, IL District Office (7/13/01). MAPA Broadcasting, L.L.C., WSLA(AM), Slidell, 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
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  • Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4). 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission
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  • d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. � 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. � 73.1820 (Station Log). San Francisco, CA District Office (8/16/01). Bullie Broadcasting Corporation, WBAW, Barnwell, SC. Other violations: 47 C.F.R �� 17.4(g) (Posting of Antenna Structure Registration Number), 17.50 (Cleaning and Repainting), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (8/17/01). Tri-County Broadcasting, Inc., WWBD-FM, Bamberg, SC. Other violation: 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA
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  • the outage within two days of receiving the NAL. III. DISCUSSION Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. When the red obstruction lighting on SpectraSite's tower was not exhibited at 8:30 p.m. on April 5, 2001, this was a violation of Section 17.51(a) of the Rules. Section 17.47 of the Rules provides that owners of antenna structures which are registered with the Commission and which have been assigned lighting specifications shall make a visual observation every 24 hours of the antenna structure's lights, or observe an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly. Alternatively,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.txt
  • Code and Attention Signal Monitoring Requirements). Kansas City, 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,
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  • failure to become familiar with the FCC's requirements is considered a willful violation. See PBJ Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992); Standard Communications Corp., 1 FCC Rcd 358 (1986); Triad Broadcasting Co., Inc., 96 FCC 2d 1235, 1242 (1984). The violation in this case was willful because Bullseye should have known about the malfunctioning top beacon. Section 17.47(a) of the Rules requires tower owners to ensure that tower lights are functioning properly by making daily visual observation of the lights, by making daily visual observations of a properly maintained indicator designed to register any failure of such lights, or by properly maintaining an automatic alarm system designed to detect any failure of such lights and provide notification of
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  • GA. Detroit, MI District Office (10/29/01). � 47 C.F.R. � 17.23 � Specifications for Painting and Lighting of Antenna Structures Crown Communications, Inc., Canonsburg, PA. Norfolk, VA Resident Agent Office (10/12/01). Adams County Communications Center, Inc., Commerce City, CO (ASR #1213685). Other violation: 47 C.F.R. � 17.50 (Cleaning and Repainting). Denver, CO District Office (10/25/01). 6 � 47 C.F.R. � 17.47 � Inspection of Antenna Structure Lights and Associated Control Equipment Southern Pacific Transportation Company, Omaha, NE. San Francisco, CA District Office (10/25/01). � 47 C.F.R. � 17.48 � Notification of Extinguishment or Improper Functioning of Lights ClearShot Communications, LLC, Malvern, PA. Chicago, IL District Office (10/11/01). Hospers Telephone Exchange, Inc., Hospers, IA. Kansas City, MO District Office (10/12/01). Duke Communication
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  • New Par, Alpharetta, GA. Detroit, MI District Office (10/29/01). 47 C.F.R. � 17.23 - Specifications for Painting and Lighting of Antenna Structures Crown Communications, Inc., Canonsburg, PA. Norfolk, VA Resident Agent Office (10/12/01). Adams County Communications Center, Inc., Commerce City, CO (ASR #1213685). Other violation: 47 C.F.R. � 17.50 (Cleaning and Repainting). Denver, CO District Office (10/25/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Southern Pacific Transportation Company, Omaha, NE. San Francisco, CA District Office (10/25/01). 47 C.F.R. � 17.48 - Notification of Extinguishment or Improper Functioning of Lights ClearShot Communications, LLC, Malvern, PA. Chicago, IL District Office (10/11/01). Hospers Telephone Exchange, Inc., Hospers, IA. Kansas City, MO District Office (10/12/01). Duke Communication Services,
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  • Philadelphia, PA District Office (11/30/01). � 47 C.F.R. � 17.23 � Specifications for Painting and Lighting of Antenna Structures Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. � 17.48 ( Notification of Extinguishment or Improper Functioning of Lights). Denver, CO District Office (11/19/01). � 47 C.F.R. � 17.47 � Inspection of Antenna Structure Lights and Associated Control Equipment Tidewater Communications, Inc., Windsor, VA. Other violation: 47 C.F.R. � 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (11/16/01). Pinnacle Towers, Inc., Windham, NH. Other violation: 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (11/28/01). � 47 C.F.R.
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  • Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/8/01). Woodhaven Investment Trust Inc., Philadelphia, PA. Philadelphia, PA District Office (1/8/01). American Tower LP, Boston, MA. Philadelphia, PA District Office (1/16/01). Clear Channel Communications, Pittsburgh, PA. Other violation: 47 C.F.R. � 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/16/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment WPRV-TV Inc., (WKVM_AM), San Juan, PR. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (1/9/01). WPRV-TV Inc., (WORO-FM), San Juan, PR. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). San Juan,
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  • $40,000 base amount ($10,000 for each lighting violation) to a cumulative total of $80,000 because of the seriousness and repeated nature of the violations. First, TeleCorp contends that mechanical failures prevented its automatic alarm systems from notifying it of the light outages and, as such, evidence no pattern or egregious misconduct or intentional conduct or lack of good faith. Section 17.47 of the Rule's requires owners of antenna structures registered with the FCC and subject to lighting specifications to inspect and properly maintain their automatic alarm systems. Specifically, the antenna structure owner (a)(1) Shall 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
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  • C.F.R. � 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (2/1/01). Pinnacle Towers, Inc., Lockport, New York. Other violation: 47 C.F.R. � 17.50 (Cleaning and Repainting). Buffalo, NY Resident Agent Office (2/1/01). American Tower, L.P., Kent, WA. San Francisco, CA District Office (2/5/01). Newcomm Wireless Services, San Juan, PR. Other violations: 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 17.51 (Time When Lights Should Be Exhibited). San Juan, PR Resident Agent Office (2/5/01). Central Power and Light Company, dba American Electric Power Service Corp., Tulsa, OK. Houston, TX Resident Agent Office (2/6/01). Equistar Chemicals LP, Alvin, TX. Houston, TX
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  • the Norfolk Office ascertained that the antenna structure, Antenna Structure Registration (``ASR'') Number 1028287, belonged to Tidewater. On November 16, 2001, the Norfolk Office issued a Notice of Violation (``NOV'') to Tidewater. First, the NOV cited apparent violation of Section 17.51(a) of the Rules, which requires an owner to exhibit red obstruction lighting. Second, it cited apparent violation of Section 17.47(a) of the Rules, which requires an owner to (1) observe antenna structure lights at least once every 24 hours either visually or by an automatic indicator of lighting failure, or (2) provide a properly maintained automatic alarm system indicating lighting failure. On November 30, 2001, Tidewater filed a response to the NOV. On December 12, 2001, the Norfolk Office issued
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  • OmniAmerica Holding, Atlanta, GA. Tampa, FL District Office (4/17/02). Crown Castle GT Company, LLC, Canonsburg, PA. Tampa, FL District Office (4/17/02). 47 C.F.R. � 17.23 - Specifications for Painting and Lighting of Antenna Structures Marcus Cable Partners, 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
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  • Posting of Antenna Structure Registration Number Concilio Mision Cristiana 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
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  • Broadcasting, LLC, KUUU-FM1, KUDD(FM), KUUU(FM). $22,000 NAL. Other violation: 47 C.F.R. � 74.1251 (Technical and Equipment Modifications). Denver, CO District Office (6/19/02). o Atlantic Beach Radio, Inc., WMIR(AM), Atlantic Beach, SC.. $12,000 NAL. Other violation: 47 C.F.R. � 73.1745 (Unauthorized Operation). Atlanta, GA District Office (6/24/02). o KGGF-KUSN, Inc., Coffeyville, KS, Springfield, MO. $23,000 NAL. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting) and 73.49 (AM Transmission System Fencing Requirements). Kansas City, MO District Office (6/28/02). � 47 C.F.R. � 11.52 � EAS Code and Attention Monitoring Requirements o Faith Mountain Communications, Inc., WRRL, Rainelle, WV. $8,000 NAL. Columbia, MD District Office (6/19/02). � 47 C.F.R. � 11.61 � Tests
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  • Marking, and Lighting of Antenna Structures 47 C.F.R. � 17.4(a) - Antenna Structure Registration FBS Wireless Corporation, Berwick, PA. $20,000 NAL. Other violations: 47 C.F.R. �� 17.51 (Time When Lights Should Be Exhibited) and 73.1590 (Equipment Performance Measurements). Philadelphia, PA District Office (8/12/02). St Louis Mobile Systems, Belle, MO. $3,000 NAL. Kansas City, MO District Office (8/20/02). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment AAT Communications Corporation, Iselin, NJ. $2,000 NAL. Kansas City, MO District Office (8/13/02). 47 C.F.R. � 17.50 - Cleaning and Repainting Crown Castle GT Company, LLC, Canonsburg, PA. $10,000 NAL. Kansas City, MO District Office (8/27/02). KN Telecommunications, Inc., Lakewood, CO. $10,000 NAL. Kansas City, MO District Office (8/27/02). 47
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  • forth in the NAL. Communications Act 47 U.S.C. � 301 - Unauthorized Operation Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). 47 U.S.C. � 303(q) - Antenna Structure Painting and Lighting Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. �� 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. � 11.35 - Equipment Operational Readiness American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. �� 73.3527 (Local Public Inspection File for
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  • with 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
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  • 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 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
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  • KAKX, Mendocino, CA. Other violations: 47 C.F.R. �� 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. �� 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Seattle, WA District Office (1/22/02). 47 C.F.R. � 11.52 - EAS Code and Attention Signal Monitoring Requirements Mega Communications, Silver Spring, MD. Other
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  • C.F.R. � 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). 47 C.F.R. � 11.61 - Tests of EAS Procedures Charter Communications, Coos Bay, Oregon. Portland, OR Resident Agent Office (2/12/02). Service Electric Cable, Allentown, PA. Other violations: 47 C.F.R. �� 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 76.1708 (Principal Headend), 76.1709 (Availability of Signals) and 76.1711 (Emergency Alert System (EAS) Tests and Activation). Philadelphia, PA District Office (2/14/02). Urban Cableworks of Philadelphia, Philadelphia, PA. Philadelphia, PA District Office (2/14/02). Capstar TX Limited Partnership, WKCY, Harrisonburg, VA. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). Columbia, MD District Office
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  • 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. � 11.35 - Equipment Operational Readiness TV 45 Productions, Inc., KLHU-CA, Lake Havasu City, AZ. $8,000 NAL. Other violation: 47 C.F.R. � 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/13/02). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. �� 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47
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  • to properly exhibit red obstruction lights between sunset and sunrise. Further, to the extent that lightning strikes may have caused subsequent malfunctions of the tower's lighting system and automatic alarm system after each repair, and thus, Florida Power did not receive alerts to timely repair the damage, we do not believe that this warrants mitigation of the forfeiture amount. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
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  • C.F.R. �� 17.4(g) and 17.57. 47 C.F.R. � 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,
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  • Syracuse, NY. $13,000 NAL. Other violation: 47 C.F.R. � 17.50 (Cleaning and Repainting). Buffalo, NY Resident Agent Office (3/12/03). 47 C.F.R. � 17.23 - Specifications 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
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  • January 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
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  • action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' Calvary's actions before it was notified of the outage also do not warrant any ``good faith'' reduction. Calvary knew its automatic alarm system was malfunctioning but did not arrange for repairs until after the outage. Section 17.47(a)(1) of the Rules required daily visual checks of the tower lighting during the failure of the automatic alarm system. Calvary, however, made only weekly checks. Calvary's assertion that payment of the proposed forfeiture amount would be a difficult financial burden also does not justify a reduction in the forfeiture amount. As explicitly stated in the NAL, we will not consider
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  • 10, 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
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  • we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''). On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00). Max Media filed its response to the NAL on November 8, 2002, and supplemented its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3276A1_Erratum.doc
  • we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''). On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00). Max Media filed its response to the NAL on November 8, 2002, and supplemented its
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  • lighting be exhibited at night. PCI does not dispute that one or more beacons were inoperable or functioning improperly on the antenna structure from November 11-15, 2002 and on December 3, 2002. PCI argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, damage created by rodents, and therefore, was not ``willful.'' We disagree. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
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  • into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. 7. Section 17.51 of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. Further, Section 17.47 of the Commission's Rules requires that the owner of a registered antenna structure observe the lights at least once each 24 hours either visually or by observing an automatic indicator; or alternatively provide and maintain an automatic alarm system designed to detect any failure of the lights and to notify the owner of the failure. Barnacle states its structure is
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  • least November 19, 2002, until December 4, 2002 when the FCC agent notified him. Business Cell argues, however, that the lighting outage was the result of a ``lightning strike that was unbelievable'' and implies that an ``act of God'' should be a mitigating fact warranting reduction or rescission of the forfeiture and that the violation was not willful. 11. Section 17.47 of the Rules requires that the owner of an antenna structure observe the antenna structure's lights at least once every 24 hours, either visually or by observing an automatic properly maintained indicator designed to register any failure of the lights. Alternatively, the owner may use an automatic alarm system that is properly maintained and designed to detect any failure of
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  • violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules; 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1); 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a); and 4) failure to exhibit red obstruction lighting from sunset to sunrise, in violation of Section 17.51(a). II. BACKGROUND On September 23, 2002, the Commission's Detroit Office received information that the top flashing obstruction lights on each of two antenna
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  • system prior to the noted violation of Section 17.51 does not warrant a ``good faith'' reduction. Mediacom knew there was a delay in the delivery of the automated alarm system, yet no evidence is offered that Mediacom made any effort to monitor the lighting structure by any other means during the time when the alarm system was on order. Section 17.47 of the Rules requires that an owner of an antenna structure either observe the antenna structure's lights visually every 24 hours, or observe the lights through an automatic indicator every 24 hours; or alternatively, maintain an automated alarm system designed to detect any lighting outages and report that outage to the owner. Mediacom offered no evidence that Section 17.47 of
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  • No. 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
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  • had noticed the light outage 2 or 3 days prior to the call. Mr. Baldwin, in his declaration denies making any such statement. Tidewater Communications, Inc., 18 FCC Rcd 5524 (Enf. Bur. 2003). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. � 503(b)(2)(D). Pursuant to Section 17.47(a)(1) of the Rules, an owner is required to observe the antenna structure's lights at least once every 24 hours either visually or by observing a properly maintained automatic indicator that registers any failure of the lights; or, pursuant to Section 17.47(a)(2) of the Rules, an owner is required to provide a properly maintained automatic alarm system designed to detect any
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  • that Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Co., supra. 47 C.F.R. � 17.21(a). The record does not reflect that WLTH was aware of the light outage pursuant to the tower owner responsibilities set out in Section 17.47(a) of the Rules, 47 C.F.R. � 17.47(a), to detect such light failures. WLTH's assertion that it notified the FAA of the outage on March 5, 2003, is clearly erroneous in light of the station engineer's statement on March 12, 2003, that he had not notified the FAA, and the FAA records which indicated that WLTH notified the FAA on March
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  • aware 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
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  • Regional 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
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  • that the Commission institute a proceeding to examine the Part 17 rules to modify or eliminate, without compromising public safety goals, any rules which create unnecessary administrative burdens or are apt to confuse owners and licensees who attempt to comply with our Part 17 rules. PCIA filed comments suggesting changes to the following Part 17 Rules: Sections 17.2, 17.4, 17.23, 17.47, 17.50, 17.51 and 17.57. Cingular and CTIA filed Reply Comments in support of PCIA's recommended changes. CTIA further recommended that any Part 17 changes reflect the competitive nature of the wireless industry, streamline the siting of wireless communications structures and antennas, provide frequency and timely coordination with Federal Aviation Administration rules and procedures, and facilitate the siting of wireless communications
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  • Enforcement 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit . � � � � � f � � � DA 06-139 Jan. 24, 2006 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON THE AMERICAN TOWER CORPORATION REQUEST FOR WAIVER TO PERFORM ANNUAL INSPECTIONS IN PLACE OF QUARTERLY INSPECTIONS REQUIRED BY 47 C.F.R. SECTION 17.47(b) WT DOCKET NO. 05-326 Comments Due: February 23, 2006 Reply Comments Due: March 15, 2006 On May 19, 2005, the American Tower Corporation (``ATC'') filed a Request for Waiver (``ATC Waiver Request''). ATC seeks a waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b), which provides that the owner of any antenna structure which is registered with
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  • on 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
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  • that ``[a]pplying the two downward adjustment criteria to this case (good faith and history of overall compliance), we find sufficient reason to cancel Tidewater's $10,000 forfeiture.'' The Enforcement Bureau did not conclude that a violation had not occurred, and it did not cancel the Notice of Violation issued to TC on November 16, 2001 for violation of Sections 17.51(a) and 17.47(2) of the Rules. Accordingly, we conclude that TC is not entitled to a reduction of the forfeiture based on history of compliance with the Rules. We have examined TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of the
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  • into account as the reason for the light outage. 9. We do not find the reason given by Mr. Saunders to explain the light outage sufficient to warrant reconsideration of the Forfeiture Order in light of the complaint that the tower light was out for two years, and that our agent observed the outage on two consecutive days. Moreover, Section 17.47 of the Rules provides that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) [s]hall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such
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  • 20, 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
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  • 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 the Rules. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended
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  • Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
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  • recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. � 503(b)(2)(E). 47 U.S.C. � 303(q). 47 C.F.R. � 17.51. FCC Form 715, Paragraph 3. FCC Form 715, Paragraph 12. 47 C.F.R. � 17.56. See 47 C.F.R. � 17.48. See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon. denied, 18 FCC Rcd 25481 (2003). See 47 C.F.R. � 17.47. 47 U.S.C. �� 303(q), 503(b); 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4), 17.51. 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission DA 07-2442 Federal Communications Commission DA 07-2442 b � � � : : hY^ hY^ : : : : : : � " b b 0 � � : Y^
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  • FORFEITURE ORDER Adopted: August 15, 2007 Released: August 17, 2007 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of five thousand dollars ($5,000) to Omnicom Tower Limited (``Omnicom''), owner of antenna structure # 1010654, in Woodward County, Oklahoma, for willful and repeated violation of Sections 17.47 and 17.57 of the Commission's Rules (``Rules''). The noted violations involve Omnicom's failure to observe the tower lights on a daily basis in a manner that would ensure proper operation of the lights and failure to update tower ownership information. 2. On June 12, 2007, the Commission's Dallas Office of the Enforcement Bureau (``Dallas Office'') issued a Notice of Apparent
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Petition of Optasite Towers L.L.C. for Waiver of Section 17.47(b) Of the Commission's Rules ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: October 15, 2007 Released: October 15, 2007 By the Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the request of Optasite Towers L.L.C. (``Optasite'') for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section 17.47(b) provides that the owner of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Crown Castle USA Inc. Request for Waiver of 47 C.F.R. � 17.47(b) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: December 27, 2007 Released: December 28, 2007 By the Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the request of Crown Castle USA Inc. (``Crown Castle'') for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section 17.47(b) provides that the owner of any antenna
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  • that the Commission institute a proceeding to examine the Part 17 rules to modify or eliminate, without compromising public safety goals, any rules which create unnecessary administrative burdens or are apt to confuse owners and licensees who attempt to comply with our Part 17 rules. PCIA filed comments suggesting changes to the following Part 17 Rules: Sections 17.4(e)-(g), 17.6(c), 17.23, 17.47(b) and 17.57. Section 20.6. Staff recommends that section 20.6 be removed from the Code of Federal Regulations. Section 20.6(f) provides that the rule has already sunset as of January 1, 2003. Section 20.12 as it relates to wireless resale. Staff recommends that paragraph (b) of this Section (and the last sentence of paragraph (a) defining the scope of paragraph (b))
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  • 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 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
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  • July 8, 2008 Released: July 10, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION In this Order, we cancel the proposed forfeiture in the amount of twelve thousand dollars ($12,000) issued to David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL (``Owner'') for the apparent willful violation of Section 17.47(g) of the Commission's Rules (``Rules'') and the apparent willful and repeated violation of Section 17.50 of the Rules. The noted violations involved Owner's apparent failure to post Antenna Structure Registration (``ASR'') numbers and failure to paint his antenna structures to maintain good visibility. DISCUSSION On April 8, 2008, the Commission's Tampa Office of the Enforcement Bureau (``Tampa Office'') issued a
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  • October 16, 2008 Released: October 20, 2008 By the Regional Director, South Central Region, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand six hundred dollars ($1,600) to BK Towers, LLC (``BK''), owner of antenna structure bearing registration number 1032514, Manter, Kansas (``Tower''), for willful and repeated violation of Section 17.47(a) of the Commission's Rules (``Rules''). The noted violation involves BK's failure to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. BACKGROUND On September 10, 2008, in response to a complaint of a tower light outage from the city manager
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Request of Global Tower LLC for Waiver of 47 C.F.R. � 17.47(b) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: November 12, 2008 Released: November 12, 2008 By the Acting Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the request of Global Tower LLC (``Global Tower'') for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section 17.47(b) provides that the owner of any antenna
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  • 00-50080-16 FORFEITURE ORDER Adopted: December 11, 2008 Released: December 15, 2008 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 two thousand dollars ($2,000) to Ozark Media, Inc. (``OMI''), owner of antenna structure bearing registration number 1248505, Clementine, Missouri, for repeated violation of Sections 17.47(a) of the Commission's Rules (``Rules''). The noted violation involves OMI's failure to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. II. BACKGROUND On October 9, 2008, in response to a complaint of a tower light outage, an agent from the Commission's Kansas City Office of the
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  • In 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
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  • Communications 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''
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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
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  • execution of this Consent Decree, the Estate has effected the repair of all tower obstruction lighting on Antenna Structure # 1059331 in Stephenson, Michigan. The tower lights are presently operating in compliance with the FAA requirements set forth in the tower's FCC Antenna Structure Registration. Monitoring of Tower Lighting: As part of his regular duties, and in compliance with Section 17.47(a) of the Commission's rules, and at the Estate's direction, the Programming Director at Station WMXG is checking the status of the tower lights twice daily, once during daylight hours, and once after sunset. This task will be retained as a management duty, and is not delegated to the Station's regular staff. The Programming Director accesses the tower lighting through an
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  • Relay 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
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  • 21, 2008 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
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  • Return Receipt Requested to ERF Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. �� 17.51(b), 17.57. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932540001 (Enf. Bur., Houston Office, March 27, 2009) (``NAL''). 47 U.S.C. � 503(b). 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
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  • Forfeiture 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of TowerSentry LLC Request for Waiver of 47 C.F.R. � 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. � 17.47(b) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: August 6, 2009 Released: August 7, 2009 By the Acting Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the requests of both TowerSentry LLC
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA-09-1763 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of TowerSentry LLC Request for Waiver of 47 C.F.R. � 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. � 17.47(b) )))))))))) MEMORANDUM OPINION AND ORDER Adopted: August 6, 2009 Released: August 7, 2009 By theActing Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. This Memorandum Opinion and Orderaddresses the requests of both TowerSentry LLC ("TowerSentry") and joint petitioners Diamond Communications LLC and Diamond
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Request of Mobilitie, LLC for Waiver of 47 C.F.R. � 17.47(b) and Flash Technology Request for Waiver of 47 C.F.R. � 17.47 ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: September 28, 2009 Released: September 29, 2009 By the Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the requests of Mobilitie, LLC (``Mobilitie'') and Flash Technology (``Flash'') for waiver of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA-09-2072 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Request of Mobilitie, LLC for Waiver of 47 C.F.R. � 17.47(b) and Flash Technology Request for Waiver of 47 C.F.R. � 17.47 ))))))))))) MEMORANDUM OPINION AND ORDER Adopted: September28, 2009 Released: September 29, 2009 By theChief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. This Memorandum Opinion and Orderaddresses the requests of Mobilitie, LLC ("Mobilitie") and Flash Technology ("Flash") for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section
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  • 2009 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Petition of Insite Towers LLC and TowerCo Assets LLC and TowerCo II LLC for Waiver of 47 C.F.R. � 17.47(b) ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: October 20, 2010 Released: October 20, 2010 By the Associate Chief, Wireless Telecommunications Bureau: INTRODUCTIOn This Memorandum Opinion and Order addresses the requests of Insite Towers, LLC (``Insite'') and TowerCo Assets LLC and TowerCo II LLC (collectively, ``TowerCo'') for waiver of Section 17.47(b) of the Commission's Rules,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA-10-2006 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Petition of Insite Towers LLC and TowerCo Assets LLC and TowerCo II LLC for Waiver of 47 C.F.R. � 17.47(b) )))))))) MEMORANDUM OPINION AND ORDER Adopted: October20, 2010 Released: October 20, 2010 By theAssociate Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. This Memorandum Opinion and Orderaddresses the requests of Insite Towers, LLC ("Insite") and TowerCo Assets LLC and TowerCo II LLC (collectively, "TowerCo") for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section 17.47(b) provides that
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  • FOR FORFEITURE Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules'') by failing to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith
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  • Act requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
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  • Nexsen Pruet, LLC 205 King Street, Suite 400 (29401) PO Box 486 Charleston, SC 29402 Dear Mr. Yates: We have received your request on behalf of Hark Tower Systems, Inc., dated April 14, 2010, for an expedited process by which tower owners using Hark's monitoring system may request and obtain waivers of their obligation to perform quarterly inspections under Section 17.47(b) of the Commission's Rules. Section 17.47(b) requires that the owner of any antenna structure that is registered with the Commission and has been assigned lighting specifications pursuant to Part 17 ``[s]hall 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-942A1_Rcd.pdf
  • Esq. Nexsen Pruet, LLC 205 King Street, Suite 400 (29401) PO Box 486 Charleston, SC 29402 Dear Mr. Yates: We have received your request on behalf of Hark Tower Systems, Inc., dated April 14, 2010, for an expedited process by which tower owners using Hark's monitoring system mayrequest and obtain waivers of their obligation to perform quarterly inspections under Section 17.47(b) of the Commission's Rules.1Section 17.47(b) requires that the owner of any antenna structure that is registered with the Commission and has been assigned lighting specifications pursuant to Part 17 "[s]hall 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
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  • Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Miller Communications, LLC (``Miller Communications''), owner of antenna structure number 1018669 located in Red Hill, Georgia, for willful and repeated violation of section 303(q) of the Communications Act of 1934, as amended (``Act'') and sections 17.47(a) and 17.51(a) of the Commission's rules (``Rules''). The noted violations involved Miller Communications's failure to monitor antenna structure lighting and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On April 12, 2011, the Enforcement Bureau's Atlanta Office (``Atlanta Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $12,000 to Miller Communications.
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  • reference to the financial documentation submitted. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Washington Gas Light, 6801 Industrial Road, Springfield, VA 22151. FEDERAL COMMUNICATIONS COMMISSION Salomon Satche District Director Columbia Office Northeast Region Enforcement Bureau 47 C.F.R. � 17.47(a)(1), 17.48(a), 17.51(a) and 17.57. See Antenna Structure Registration Database, Registration Number 1035329. See also 47 C.F.R. � 17.21 (generally requiring towers exceeding 200 feet in height to be painted and lit). At the time of the inspection, the agent also observed that the side lights at the one-quarter level, the side-lights at the three-quarter level, and the beacon at the
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  • violator's gross revenues); Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). See id. See 47 C.F.R. � 17.47. See 47 C.F.R. � 17.48. See 47 U.S.C. � 303(q) (requiring the owner of a tower that ceases to be licensed by the Commission for the transmission of radio energy to maintain the prescribed painting and/or illumination of such tower until it is dismantled). 47 U.S.C. �� 303(q), 503(b); 47 C.F.R. �� 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 17.51(a). 47 U.S.C.
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  • 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 exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with antenna structure lighting to ensure that such apparatus is functioning properly). See Letter from Rick Loesch, President, East Carolina Radio Group, to Luther B. Bolden, Resident Agent, Norfolk Office, Enforcement Bureau, dated August 16, 2011.
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  • section 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''),
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  • Bureau: 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
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  • FORFEITURE AND ORDER Adopted: February 28, 2011 Released: February 28, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that KFW Communications LLC (``KFW''), owner of antenna structure number 1040289 (``Tower''), located in Caldwell, Kansas , apparently willfully and repeatedly violated section 17.47 of the Commission's rules (``Rules'') by failing to observe the antenna structure's lights at least once each 24 hours. We conclude that KFW is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Furthermore, we direct KFW to submit a statement certifying compliance with the Commission's tower lighting rules. BACKGROUND On March 20, 2010, in response
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  • 12, 2011 By the District Director, Atlanta Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Miller Communications, LLC (``Miller''), owner of antenna structure number 1018669 located in Red Hill, Georgia (``Tower''), apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended (``Act'') and sections 17.47(a) and 17.51(a) of the Commission's rules (``Rules'') by failing to monitor antenna structure lighting and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude that Miller is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). BACKGROUND On December 9, 2010, in response to a complaint that the lights on the Tower
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  • ORDER Adopted: April 14, 2011 Released: April 14, 2011 By the Regional Director, South Central Region, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to KFW Communications LLC (``KFW''), owner of antenna structure number 1040289 (``Tower''), located in Caldwell, Kansas , for willful and repeated violation of section 17.47 of the Commission's rules (``Rules''). The noted violations involved KFW's failure to observe its antenna structure's lights at least once each 24 hours. 2. On February 28, 2011, the Enforcement Bureau's Kansas City Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $6,000 to KFW. KFW has not filed a response to
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  • 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 eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas (``Mr. Smith''), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules (``Rules''). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system (``EAS'') equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file.
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  • under this exception. See LOI Response at 1. See 47 U.S.C. � 303(q). See 47 C.F.R. � 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. � 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. � 17.47(a) (requiring owners of antenna structures that are required to be lighted 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). 47 C.F.R. � 73.1560(b). KM Radio also had no means to monitor remotely its unattended AM
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  • in height to be painted and lighted). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. � 1.80. 47 U.S.C. � 503(b)(2)(E). See infra note 19. 47 C.F.R. � 1.16. Section 17.47(a) of the Rules requires owners of antenna structures that are required to be lighted 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. 47 C.F.R. � 17.47(a). Although Telava stated that the Antenna Structure's landowner was
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  • By the District Director, Chicago Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Telava Wireless, Inc. (Telava), owner of antenna structure number 1050174 (the Antenna Structure) located in Fordsville, Kentucky, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act) and Sections 17.47 and 17.56(a) of the Commission's rules (Rules) by failing to make observations of the antenna structure lights at least once every 24 hours and to repair the unlit antenna structure lights as soon as practicable. We conclude that Telava is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). In addition, we direct Telava to submit,
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  • PA1326 36.60 642 235 Fairfield Borough PA2283 31.67 240 76 Franklin Township PA1933 33.44 1,821 609 Glen Rock Borough PA1054 26.37 785 207 Littlestown Borough PA1333 33.41 1,799 601 New Freedom Borough PA1235 26.23 1,647 432 New Oxford Borough PA1299 33.65 737 248 Shrewsbury Borough PA1145 23.18 1,480 343 Spring Grove Borough PA0022 39.08 865 338 York Springs Borough PA2337 17.47 269 47 *CPR = Percent of competitive DBS penetration rate. ATTACHMENT B CSRs 8564-E, 8565-E, 8566-E COMMUNITIES SERVED BY COMCAST CABLE COMMUNICATIONS, LLC Communities CUIDs Franchise Area Households Cable Subscribers Penetration Percentage CSR 8564-E Delaware Township PA2989 1,831 84 4.58 Madison Township PA3611 623 44 7.05 Turbot Township PA3610 759 38 5.00 CSR 8565-E Susquehanna PA3337 462 14 3.03 CSR
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  • 20554 \par }\pard \ltrpar\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 {\rtlch\fcs1 \af0 \ltrch\fcs0 \par \par \ltrrow}\trowd \irow0\irowband0\lastrow \ltrrow\ts11\trgaph108\trleft-108\trftsWidth1\trpaddl108\trpaddr108\trpa ddfl3\trpaddfr3\tblind0\tblindtype3 \clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4698\clshdrawnil \cellx4590\clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth720\clshdrawnil \cellx5310\clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4230\clshdrawnil \cellx9540\pard \ltrpar\ql \li0\ri-18\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustrigh t\rin-18\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 In the matter of \par \par Crown Castle USA Inc. \par AT&T Services Inc. \par Request for Waiver of \par 47 C.F.R. \'a7 17.47(b) \cell }\pard \ltrpar\ql \li0\ri0\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 \b ) \par ) \par ) \par ) \par ) \par )\cell }{\rtlch\fcs1 \af0 \ltrch\fcs0 \par \par \par \cell }\pard \ltrpar\ql \li0\ri0\widctlpar\intbl\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0 {\rtlch\fcs1 \af0 \ltrch\fcs0 \trowd \irow0\irowband0\lastrow \ltrrow \ts11\trgaph108\trleft-108\trftsWidth1\trpaddl108\trpaddr108\trpaddfl3\t rpaddfr3\tblind0\tblindtype3 \clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4698\clshdrawnil \cellx4590\clvertalt\clbrdrt \brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth720\clshdrawnil \cellx5310\clvertalt\clbrdrt\brdrtbl \clbrdrl\brdrtbl \clbrdrb\brdrtbl \clbrdrr\brdrtbl \cltxlrtb\clftsWidth3\clwWidth4230\clshdrawnil \cellx9540 \row }\pard \ltrpar\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA-12-650 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Crown Castle USA Inc. AT&T Services Inc. Request for Waiver of 47 C.F.R. � 17.47(b) )))))) MEMORANDUM OPINION AND ORDER Adopted: April 26, 2012 Released: April 26, 2012 By theAssociate Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. This Memorandum Opinion and Orderaddresses the joint request of Crown Castle USA Inc. ("Crown Castle") and AT&T Services, Inc. ("AT&T") for waiver of Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b). Section 17.47(b) provides that the
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  • another entity is the registered owner of the Antenna Structures. III. APPLICABLE LAWS AND VIOLATIONS Section 303(q) of the Act states that antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission. Section 17.51(a) of the Rules requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified. Section 17.47 of the Rules requires antenna structure owners to observe antenna structure lights visually at least once every 24 hours to insure that all such lights are functioning as required. Section 17.48 of the Rules requires antenna structure owners to notify the FAA immediately of any known extinguishment of any top steady burning light or any flashing obstruction light, regardless of
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  • Resident Agent, Houston Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Martin Broadcasting, Inc. (Martin Broadcasting), owner of antenna structure number 1060813 (the Antenna Structure), located in Beaumont, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.47(a) and 17.51(a) of the Commission's rules (Rules) by failing to exhibit red obstruction lighting from sunset until sunrise and to monitor the structure lighting on a daily basis. We conclude that Martin Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, we direct Martin Broadcasting to submit, no later than thirty (30)
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  • 1055340 to ensure that active Notices to Airmen remain in place. Monitoring. As soon as the obstruction lighting is restored, Tama shall hire an engineer or train employees to monitor the lights on antenna structure numbers 1055338 and 1055340 to ensure that the lighting stays operational and in good repair. Tama's antenna structure light monitoring procedures shall comply with Section 17.47 of the Rules, 47 C.F.R. � 17.47. Compliance Training Program. Tama shall establish and implement a Compliance Training Program on compliance with the Antenna Structure Rules. As part of the Compliance Training Program, employees who perform, supervise, oversee or manage the performance of duties that relate to Tama's responsibilities under the Antenna Structure Rules shall be advised of Tama's obligation
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  • by regular mail and Certified Mail Return Receipt Requested to AAT Communications Corporations, 517 Route 1 South, Suite 5000, Iselin, NJ 08830. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney Kansas 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
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  • 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 ``[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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  • 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 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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  • Hawkins District Director, New Orleans 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
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  • 200332360005 South Haven, Michigan ) ) FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (``WSJM''), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (``Rules'')1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each
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  • 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 violations for which forfeitures are
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  • of 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
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  • By 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
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  • FORFEITURE Released: March 12, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citicasters Licenses, Inc., (``Citicasters'') licensee of Station KACD(AM), in Thousand Oaks, CA, has apparently violated Section 503(b) of the Communications Act of 1923, as amended (``Act'') and has apparently willfully violated sections 17.47(a)(1) and 17.49 of the Commission's Rules by not making an observation of the antenna structures' lights at least once each 24 hours and not maintaining a record of observed or otherwise known extinguishment or improper functioning of a structure light. We also find that Citicasters has apparently willfully violated sections 73.1125 and 73.1400(a) of the Commission's Rules by not maintaining
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  • 27, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Max Media of Montana, LLC (``Max Media''), registered owner of antenna structure number 1051225 in Great Falls, Montana, has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'') by failing to exhibit the prescribed antenna structure lighting, failing to properly maintain an operating automatic alarm system to indicate when the structure lighting is not operating, and failing to notify the Federal Communications Commission (``FCC'') of the change of ownership of the antenna structure. We conclude, pursuant to Section 503(b) of the
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  • Orleans, LA ) ) ) ) ) ) ) File Number EB-02-OR-053 NAL/Acct.No. 200232620004 FRN 0002-8842-52 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 31, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Emmis Television License Corporation (``Emmis''), owner of antenna structure no. 1022410, willfully violated Sections 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''), by failing to provide a properly maintained automatic alarm system monitoring its tower lights, and failing to notify the Commission using FCC Form 854 of a change in tower ownership. The violation of Section 17.57 of the Rules also is a repeated violation. We conclude that Emmis is apparently liable for a forfeiture
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  • inspection, the agent contacted the area Federal Aviation Administration (``FAA'') Flight Service Station and determined they had no report of a light outage for this antenna structure. III. DISCUSSION Section 17.51 of the Rules requires prescribed obstruction lighting be exhibited. Mayaguez' antenna structure was observed on April 25, 2002 after sunset at 7:40 PM with obstruction lights not functioning. Section 17.47(a) of the Rules requires that antenna structure owners make an observation of the antenna structure's lights at least once each 24 hours or, alternatively, use an automatic alarm system to detect lighting failures. During an inspection of WTIL on April 26, 2002, the station manager had no mechanism to determine if tower lights were properly working the previous night, had
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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 South Central
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  • NAL/Acct.No.200232560012 FRN 0002-5340-55 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 28, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that KGGF-KUSN, Inc., licensee of radio stations KGGF(AM), KKRK(FM), and KUSN(FM), and owner of antenna structure numbers 1033307, 1033308, 1033309, and 1033310, willfully and repeatedly violated Sections 11.35(a), 17.47(a)(1), 17.50 and 73.49 of the Commission's Rules (``Rules''), by: failing to determine the cause of Emergency Alert System (``EAS'') transmitting and monitoring failures; failing to inspect antenna structure lighting; failing to clean and repaint its four antenna structures as often as necessary to maintain good visibility; and failing to maintain an effective locked fence around its four antenna structures which
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  • 0003-4776-76 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 13, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find AAT Communications Corporation (``AAT''), owner of antenna structure #1007507, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 17.47(a) of the Commission's Rules (``Rules''). Specifically, we find AAT Communications Corporation apparently liable for failure to monitor the status of its antenna structure lighting. II. BACKGROUND On July 16, 2002, the Commission's Kansas City Field Office (``Kansas City Office'') received information concerning an antenna structure with an inoperable top flashing beacon. According to the complaint, the beacon had been inoperable
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  • time of inspection 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,
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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
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  • No. 200232360006 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
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  • Inc. ) 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
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  • of the FAA Circular Number 70/7460-1J. b. 47 C.F.R. � 17.51(a): All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. The red obstruction lighting on the antenna structure was not functioning properly. One of the red obstruction lighting bulbs was extinguished while the other one was steady burning instead of flashing. c. 47 C.F.R. � 17.47(a): The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Western New York Public Broadcasting Association (``WNYPBA''), owner of Tower # 1033427. On January 26, 2004 Resident Agent, Gene Stanbro, from the Buffalo Office visually inspected tower # 1033427 and with preliminary and subsequent investigation, observed the following violations: 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • Released: 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
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  • those specified on the Antenna Structure Registration. Specifically, the license BMLED-19961001KG for station WPGM specifies the coordinates of the antenna structure as 40-59-16 N by 076-32-51 W and an overall height above ground of 73 meters. However, the Antenna Structure Registration specifies the coordinates as 40-59-14 N by 076-32-50 W and the overall height as 74.3 meters. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258046A1.pdf
  • 06, 2005 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263337A1.pdf
  • FRN 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263781A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263781A1.pdf
  • Director, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264152A1.pdf
  • 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." At the time of inspection, no Antenna Structure Registration Number was visible at the base of the structure. C.F.R. � 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266857A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266857A1.txt
  • 18.87 18.72 18.56 19.28 20.31 21.06 21.18 22.19 22.22 Ohio Toledo 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 22.29 22.32 Oregon Corvallis 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.62 24.05 23.11 22.67 22.65 Oregon Portland 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 23.64 25.44 21.60 22.66 22.65 Pennsylvania Allentown 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 19.59 20.87 22.21 22.10 22.65 Pennsylvania Ellwood City 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 20.00 21.28 22.65 22.53 23.09 Pennsylvania Johnstown 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 20.97 21.54 23.33 22.87 23.57 Pennsylvania New Castle 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 18.30 19.58 20.84 20.73 21.29 Pennsylvania Philadelphia 20.09 20.09 19.98
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268239A1.pdf
  • at the foot of Culp Street near Domino Lane in Philadelphia, Pennsylvania, and observed the following violations: 47 C.F.R. � 17.51(a): ``All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.'' On September 18, 2006 at 6:25 a.m., the agent observed that the top level red beacon on antenna structure 1035474 was extinguished. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
  • -3.19 3.13 -9.75 NEBRASKA -0.66 -4.14 3.64 4.96 NEVADA -2.10 -3.54 1.49 9.52 NEW HAMPSHIRE 0.80 -3.82 4.80 -62.82 NEW JERSEY 0.27 -5.45 6.04 0.00 NEW MEXICO -2.04 -2.73 0.71 3.19 NEW YORK -32.56 -5.96 -28.28 10.23 NORTH CAROLINA -1.67 -5.06 3.57 -21.48 NORTH DAKOTA -1.06 -5.06 4.21 17.43 NORTHERN MARIANA ISLANDS 8.33 1.80 6.41 0.00 OHIO 0.32 -4.31 4.84 -17.47 OKLAHOMA -0.95 -5.15 4.43 -2.53 OREGON -3.32 -3.51 0.19 2.60 PENNSYLVANIA 1.89 -4.27 6.43 47.11 PUERTO RICO -1.89 -5.02 3.30 -6.21 RHODE ISLAND 4.55 -10.63 17.00 0.00 SOUTH CAROLINA -2.49 -3.50 1.05 5.12 SOUTH DAKOTA 0.72 -5.97 7.12 14.11 TENNESSEE -0.11 -3.75 3.79 1.41 TEXAS -0.01 -3.73 3.86 2.84 UTAH -3.16 -3.17 0.01 1.27 VERMONT 2.78 -1.74 4.60 4.30 VIRGIN
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A5.txt
  • -3.19 3.13 -9.75 NEBRASKA -0.66 -4.14 3.64 4.96 NEVADA -2.10 -3.54 1.49 9.52 NEW HAMPSHIRE 0.80 -3.82 4.80 -62.82 NEW JERSEY 0.27 -5.45 6.04 0.00 NEW MEXICO -2.04 -2.73 0.71 3.19 NEW YORK -32.56 -5.96 -28.28 10.23 NORTH CAROLINA -1.67 -5.06 3.57 -21.48 NORTH DAKOTA -1.06 -5.06 4.21 17.43 NORTHERN MARIANA ISLANDS 8.33 1.80 6.41 0.00 OHIO 0.32 -4.31 4.84 -17.47 OKLAHOMA -0.95 -5.15 4.43 -2.53 OREGON -3.32 -3.51 0.19 2.60 PENNSYLVANIA 1.89 -4.27 6.43 47.11 PUERTO RICO -1.89 -5.02 3.30 -6.21 RHODE ISLAND 4.55 -10.63 17.00 0.00 SOUTH CAROLINA -2.49 -3.50 1.05 5.12 SOUTH DAKOTA 0.72 -5.97 7.12 14.11 TENNESSEE -0.11 -3.75 3.79 1.41 TEXAS -0.01 -3.73 3.86 2.84 UTAH -3.16 -3.17 0.01 1.27 VERMONT 2.78 -1.74 4.60 4.30 VIRGIN
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A6.txt
  • 4.99 Illinois 2,100,961 72,185,533 34.36 49,254,904 23.44 22,930,629 10.91 Indiana 1,011,130 25,749,059 25.47 14,158,707 14.00 11,590,352 11.46 Iowa 481,226 11,014,196 22.89 8,767,271 18.22 2,246,925 4.67 Kansas 470,490 15,183,622 32.27 10,436,448 22.18 4,747,174 10.09 Kentucky 663,885 32,912,983 49.58 20,158,431 30.36 12,754,552 19.21 Louisiana 727,709 53,489,614 73.50 47,069,359 64.68 6,420,255 8.82 Maine 202,084 8,191,168 40.53 6,638,583 32.85 1,552,585 7.68 Maryland 869,113 15,181,301 17.47 11,474,871 13.20 3,706,430 4.26 Massachusetts 980,459 27,213,497 27.76 16,766,689 17.10 10,446,808 10.66 Michigan 1,757,604 55,069,371 31.33 30,140,700 17.15 24,928,671 14.18 Minnesota 842,854 26,424,759 31.35 17,887,542 21.22 8,537,217 10.13 Mississippi 493,540 38,673,840 78.36 25,785,163 52.25 12,888,677 26.11 Missouri 905,941 43,441,891 47.95 32,440,980 35.81 11,000,911 12.14 Montana 148,356 3,973,853 26.79 2,980,467 20.09 993,386 6.70 Nebraska 285,542 7,695,991 26.95 6,421,505 22.49 1,274,486 4.46
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270800A1.pdf
  • ) ) ) ) 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270803A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270803A1.pdf
  • comply with the mandatory FAA lighting recommendations for the antenna structure, a violation of Section 17.23 of the Commission's Rules ("Rules"); and by failing to make 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, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272108A1.pdf
  • as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term ``repeated'' means the commission or omission of such act more than once or for more than one day. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273692A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273692A1.pdf
  • Road, Whitehall, Pennsylvania and observed the following violations: 47 C.F.R. � 17.51(a): ``All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.'' During the inspection, the agent observed that one of the two steady burning red obstruction lights was extinguished at both the two-thirds level and the one-third level of the antenna structure. 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274320A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274320A1.pdf
  • EB-07-DL-016 NAL/Acct. No. 200732500005 FRN 0016066193 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 12, 2007 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Omnicom Tower Limited (``Omnicom''), owner of antenna structure # 1010654, in Woodward County, Oklahoma, apparently willfully and repeatedly violated Sections 17.47 and 17.57 of the Commission's Rules (``Rules'') by failing to observe the tower lights on a daily basis in a manner that would ensure proper operation of the lights and failing to update tower ownership information. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Omnicom is apparently liable for a forfeiture in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274421A1.pdf
  • structures 1062806, 1062807, and 1062808, in Oxnard, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended ("Act"), by failing to make 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, a violation of Section 17.47(a) of the Commission's Rules ("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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276992A1.pdf
  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make 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, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277834A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277834A1.pdf
  • 200732680006 FRN 0001731470 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2007 By the Resident Agent, 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 # 1010664, in Yabucoa, Puerto Rico, apparently willfully and repeatedly violated Sections 17.47(a)(1), 17.50, and 17.51(a) of the Commission's Rules (``Rules'') by failing to monitor the antenna structure's lights, failing to paint its antenna structure to maintain good visibility, and failing to exhibit red obstruction lights 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278796A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278796A1.pdf
  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make observations 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, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.txt
  • 10.25 330931 C CENTURYTEL OF SOUTHERN WISCONSIN, LLC -1.17 -3.07 1.96 0.00 330934 C CENTURYTEL OF THE MIDWEST-WI/PLATTEVILLE 14.00 -2.58 17.03 0.00 330936 C INDIANHEAD TEL. CO. 5.07 -4.24 9.72 29.98 330937 C PRICE COUNTY TEL. CO. -14.51 -0.55 -14.04 0.00 330938 A NORTHEAST TEL. CO. -1.31 -2.64 1.36 -65.38 330940 C RHINELANDER TEL CO LLC DBA FRONTIER RIB LAKE -17.47 -3.36 -14.60 0.00 330941 C RHINELANDER TEL CO LLC(RIB LAKE) DBA FRONTIER -5.60 -1.40 -4.26 -100.00 330942 A>CRICHLAND-GRANT TEL. COOP., INC. 14.98 -1.59 16.84 37.10 330943 A RIVERSIDE TELECOM, INC. 0.37 -2.14 2.57 -9.88 330944 A FRONTIER COMM.-ST. CROIX LLC 1.33 -2.21 3.61 0.00 330945 A SCANDINAVIA TEL. CO. 0.98 -2.87 3.97 5.20 330946 A SHARON TEL. CO. 7.48 -2.85
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.txt
  • 10.25 330931 C CENTURYTEL OF SOUTHERN WISCONSIN, LLC -1.17 -3.07 1.96 0.00 330934 C CENTURYTEL OF THE MIDWEST-WI/PLATTEVILLE 14.00 -2.58 17.03 0.00 330936 C INDIANHEAD TEL. CO. 5.07 -4.24 9.72 29.98 330937 C PRICE COUNTY TEL. CO. -14.51 -0.55 -14.04 0.00 330938 A NORTHEAST TEL. CO. -1.31 -2.64 1.36 -65.38 330940 C RHINELANDER TEL CO LLC DBA FRONTIER RIB LAKE -17.47 -3.36 -14.60 0.00 330941 C RHINELANDER TEL CO LLC(RIB LAKE) DBA FRONTIER -5.60 -1.40 -4.26 -100.00 330942 A>CRICHLAND-GRANT TEL. COOP., INC. 14.98 -1.59 16.84 37.10 330943 A RIVERSIDE TELECOM, INC. 0.37 -2.14 2.57 -9.88 330944 A FRONTIER COMM.-ST. CROIX LLC 1.33 -2.21 3.61 0.00 330945 A SCANDINAVIA TEL. CO. 0.98 -2.87 3.97 5.20 330946 A SHARON TEL. CO. 7.48 -2.85
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279955A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279955A1.pdf
  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281509A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281509A1.pdf
  • NAL/Acct. No. 200832700012 FRN 0013835343 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 8, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL (``Owner''), apparently willfully violated Section 17.47(g) of the Commission's Rules (``Rules'') and willfully and repeatedly violated Section 17.50 of the Rules by failing to post Antenna Structure Registration (``ASR'') numbers and failing to paint his antenna structures to maintain good visibility. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Owner is apparently liable for a forfeiture in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282169A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282169A1.pdf
  • ``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.'' At the time of the inspection, the agent observed that no Antenna Structure Registration Number was displayed at the base of the tower or on the fence surrounding the antenna structure. b. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications, shall make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to make sure all lights are functioning as required.''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284934A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284934A1.txt
  • 22.18 22.57 22.23 Ohio Toledo 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 22.29 22.28 22.28 22.33 Oregon Corvallis 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.62 24.05 23.11 22.67 22.65 22.71 22.88 Oregon Portland 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 23.64 25.44 21.60 22.66 22.65 22.71 22.83 Pennsylvania Allentown 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 19.59 20.87 22.21 22.10 22.65 23.27 23.66 Pennsylvania Ellwood City 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 20.00 21.28 22.65 22.53 23.09 23.71 24.10 Pennsylvania Johnstown 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 20.97 21.54 23.33 22.87 23.57 23.90 24.71 Pennsylvania New Castle 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 18.30 19.58 20.84 20.73
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285863A1.pdf
  • No.: 200832560002 FRN: 0007040009 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 30, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that BK Towers, LLC (``BK''), owner of antenna structure bearing registration number 1032514, Manter, Kansas (``Tower''), apparently willfully and repeatedly violated Section 17.47(a) of the Commission's Rules (``Rules'') by failing to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that BK is apparently liable for a forfeiture
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286287A1.pdf
  • Number EB-07-TP-246 NAL/Acct. No. 200932700001 FRN 0001842707 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 6, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Jacksonville MSA Limited Partnership (``Jacksonville''), owner of antenna structure # 1247216 in MacClenny Florida (``Tower''), apparently repeatedly violated Section 17.47(a)(1) of the Commission's Rules (``Rules'') by failing to observe the Tower's lights or light indicator on a daily basis. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Jacksonville is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). BACKGROUND On February 25, 2008, in response to a complaint
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286526A1.pdf
  • EB-08-KC-0326 NAL/Acct. No.: 200932560001 FRN: 0007515901 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 31, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Ozark Media, Inc. (``OMI''), owner of antenna structure bearing registration number 1248505, Clementine, Missouri (``Tower'') apparently repeatedly violated Section 17.47(a) of the Commission's Rules (``Rules'') by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that OMI is apparently liable for a forfeiture in the amount of two thousand dollars
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286789A1.pdf
  • which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' See 47 C.F.R. 17.47 (owners of antenna structures which have been assigned lighting specifications are required to observe the structure's lights once every 24 hours to ensure proper functioning or install an automatic alarm system that notifies the owner when the lights are out). 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289662A1.pdf
  • � 312(f)(2), which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290027A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290027A1.pdf
  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290614A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290614A1.txt
  • No. Presentation Type Request to withhold document from Public Inspection Presented to: WC 05-25 Oral No Commissioner McDowell Page 3 of 4 WT 00-193 Oral No Commissioner McDowell WT 05-265 Oral No Commissioner McDowell Presented by:TowerSentry, LLC, et al. Docket, Rulemaking or File No. Presentation Type Request to withhold document from Public Inspection Presented to: Request for Waiver of Section 17.47(b) Oral No Wireless Telecommunications Bureau Presented by:United States Telecom Association Docket, Rulemaking or File No. Presentation Type Request to withhold document from Public Inspection Presented to: RM-10593 Jason Lewis. No Commissioner McDowell WC 05-25 Jason Lewis. No Commissioner McDowell WC 07-244 Jason Lewis. No Commissioner McDowell Presented by:Verizon Docket, Rulemaking or File No. Presentation Type Request to withhold document from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290768A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290768A1.pdf
  • is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Crown Communications, Inc., owner of antenna structure # 1064920 in Cypress, Texas. On April 23, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1064920 located near Cypress, Texas, and observed the following violation(s): 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290782A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290782A1.pdf
  • Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to American Towers, Inc., owner of antenna structure # 1209005 in Chappell Hill, Texas. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1209005 located near Chappell Hill, Texas, and observed the following violation(s): 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290783A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290783A1.pdf
  • is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1044546 in Brenham, Texas. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1044546 located near Brenham, Texas, and observed the following violation(s): 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290815A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290815A1.pdf
  • is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1042162 in Houston, Texas. On May 4, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1042162 located near Houston, Texas, and observed the following violation(s): 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290816A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290816A1.pdf
  • flash rate of between 20 and 40 flashes per minute. It was observed that the top medium intensity strobe light was side mounted at the top of the structure in a manner that did not provide an unobstructed view. Also at night the red obstruction beacon was flashing at a rate of about 120 times per minute. 47 C.F.R. � 17.47: ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292794A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292794A1.pdf
  • the inspection, the agents observed that one of the three high intensity strobes was extinguished at the one-half level, that the high intensity lights on the antenna structure were not synchronized to flash simultaneously at 40 pulses per minute, and failed to switch from 200,000 candelas to 20,000 candelas, at twilight, and to 2,000 candelas at night. 47 C.F.R. � 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293822A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293822A1.pdf
  • the structure's red obstruction lighting from sunset to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration (``ASR''), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294208A1.pdf
  • ``willful'' as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term ``repeated'' means the commission or omission of such act more than once or for more than one day. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295044A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295044A1.pdf
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 2, 2009 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Marconi Broadcasting Company LLC (``Marconi''), owner of antenna structure # 1232260 and licensee of AM radio station WHAT in Philadelphia, Pennsylvania, apparently willfully and repeatedly violated Section 17.47 of the Commission's Rules (``Rules'') by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure that all such lights are functioning properly. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Marconi is apparently liable for a forfeiture in the amount of two thousand dollars
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.txt
  • 12.66 25.87 494449 C NAVAJO COMM CO INC DBA FRONTIER NAVAJO COM-NM -0.14 -0.55 0.41 -34.90 495105 C QWEST CORPORATION - NM -6.88 -6.16 -0.77 0.00 NEW YORK TOTAL -3.34 -9.58 6.90 -12.45 150071 C ARMSTRONG TEL. CO.-NY 0.81 -12.82 15.63 17.79 150072 C FRONTIER COMM. OF AUSABLE VALLEY, INC. -10.94 -2.87 -8.31 -100.00 150073 C BERKSHIRE TEL. CORP. 8.51 -17.47 31.48 0.00 150076 A CASSADAGA TEL. CORP. -5.57 -10.52 5.53 -4.24 150077 C CHAMPLAIN TEL. CO. 0.92 -6.40 7.82 20.88 150078 C CHAUTAUQUA & ERIE TEL. CORP. -5.92 -6.30 0.41 0.00 150079 C CHAZY & WESTPORT TEL. CORP. -0.82 -5.64 5.12 -9.27 150081 C CITIZENS TEL. CO. OF HAMMOND, NY -4.40 -4.17 -0.24 -9.61 150084 C TACONIC TEL. CORP. -0.52
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A5.txt
  • 12.66 25.87 494449 C NAVAJO COMM CO INC DBA FRONTIER NAVAJO COM-NM -0.14 -0.55 0.41 -34.90 495105 C QWEST CORPORATION - NM -6.88 -6.16 -0.77 0.00 NEW YORK TOTAL -3.34 -9.58 6.90 -12.45 150071 C ARMSTRONG TEL. CO.-NY 0.81 -12.82 15.63 17.79 150072 C FRONTIER COMM. OF AUSABLE VALLEY, INC. -10.94 -2.87 -8.31 -100.00 150073 C BERKSHIRE TEL. CORP. 8.51 -17.47 31.48 0.00 150076 A CASSADAGA TEL. CORP. -5.57 -10.52 5.53 -4.24 150077 C CHAMPLAIN TEL. CO. 0.92 -6.40 7.82 20.88 150078 C CHAUTAUQUA & ERIE TEL. CORP. -5.92 -6.30 0.41 0.00 150079 C CHAZY & WESTPORT TEL. CORP. -0.82 -5.64 5.12 -9.27 150081 C CITIZENS TEL. CO. OF HAMMOND, NY -4.40 -4.17 -0.24 -9.61 150084 C TACONIC TEL. CORP. -0.52
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296092A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296092A1.pdf
  • to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration (``ASR''), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained indicator and/or automatic alarm system designed to 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296217A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296217A1.pdf
  • is readily visible near the base of the antenna structure. On October 2 and 5, 2009, an agent with the Houston Office observed that the ASR number was not displayed in a location visible near the base of antenna structure number 1045666. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296218A1.pdf
  • the time the system was purchased by KFW in 2008 and the date of the inspection on October 5, 2009. KFW also admitted that, as of November 11, 2009, KFW still had not installed EAS equipment at the headend in Bloomington, Texas. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296408A1.pdf
  • as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term ``repeated'' means the commission or omission of such act more than once or for more than one day. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296848A1.pdf
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KNTO, Inc, registrant of antenna structure #1014641, located near Livingston, California. On January 11, 2010 agents of the Commission's San Francisco Office inspected the antenna structure. On January 12, 2010, agents interviewed a representative of the structure owner KNTO, Inc., and observed the following violations: 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296849A1.pdf
  • and one-third of the overall height of the tower, and the lights were to be displayed continuously or controlled by a light sensitive device). The lights as installed were dual lighting with a red flashing light for nighttime operation and a flashing medium intensity light for daytime operation. The lights were controlled with a light sensitive device. 47 C.F.R. � 17.47(a)(2): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ... Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner.'' At the time of the inspection, the agents determined that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298101A1.pdf
  • in Jamestown, New York, and observed the following violations: 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." At the time of the inspection, no Antenna Structure Registration Number was displayed at the base of the tower. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part. . .shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304356A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304356A1.pdf
  • mounted on the top of the antenna structure and installed in a manner to ensure an unobstructed view of one or more lights by a pilot. On January 13, 2011, the Anchorage agent observed at approximately 9:00 a.m., local time, prior to sunrise, that one of the required top mounted red steady burning lights was not operating. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309785A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-309785A1.pdf
  • is a Notice of Violation (``Notice'') issued pursuant to section 1.89 of the Commission's rules to Etan Industries, Inc., owner of antenna structure # 1051381 in Hallettsville, Texas. On August 24, 2011, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1051381 located in Hallettsville, Texas, and observed the following violation(s): 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312809A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312809A1.pdf
  • antenna structure # 1202731 located at Ivans and Horner Streets, Philadelphia, Pennsylvania and observed the following violations: 47 C.F.R. � 17.51(a): ``All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.'' During the inspection at 6:49 p.m. on January 31, 2012, the agent observed the antenna structure's top-level red obstruction lighting was extinguished. 47 C.F.R. � 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314808A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314808A1.pdf
  • Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules to Mid America Regional Council - Emergency Rescue, owner of antenna structure number 1230974 in Kansas City, Missouri. On April 13, 2012, an agent of the Commission's Kansas City Office inspected antenna structure number 1230974 located at 8100 Ozark, Kansas City, Missouri, and observed the following violation(s): a. 47 C.F.R.�17.47(a): The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-124A1.txt
  • 1999 WL 10060 (WTB rel. Jan. 13, 1999). In 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),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-125A1.txt
  • Structures,'' 1999 WL 10060 (WTB rel. January 13, 1999). In 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 structures that remained unregistered. 47 C.F.R. � 17.47. 47 C.F.R. � 17.56. 47 C.F.R. � 17.48. AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1644 (rel. July 12,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-213A1.txt
  • this NAL shall be sent by regular mail and Certified Mail Return 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.txt
  • have been aware of Bullseye's obligations under the lease agreement, Bullseye's other principals and Bullseye's engineer were aware that the lease agreement obligated Bullseye to monitor the tower lights. It is not clear from the record whether Eure informed Bullseye when it sold the FM station in October 2000 that the dial-up device had to be reprogrammed. 47 C.F.R. � 17.47. 47 C.F.R. � 1.115(g). 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission FCC 02-293 Federal Communications Commission FCC 02-293 �� � $ + � � `�� `�� `��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-294A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-294A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-294A1.txt
  • to the NAL, AT&T Wireless argues that it does not believe that it violated the tower lighting rules at the Center Township site and that the proposed forfeiture should therefore be cancelled. AT&T Wireless asserts that a conflict in the rules places antenna structure owners in a ``Catch-22'' situation because Section 17.51(b) requires continuous operation of obstruction lights, while Section 17.47(a) recognizes that lights will sometimes malfunction and therefore requires either daily observation of the lights or use of an automatic alarm system. In addition, AT&T Wireless asserts that it complied fully with the tower lighting requirements but could not prevent the brief light outage. Specifically, AT&T Wireless states that it installed an automatic alarm system, but this system did not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-264A1.txt
  • Manufacturers 500 Employees or 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).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-41A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-41A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-41A1.txt
  • 2004 Declaration, Attachments C, E, F, and G of Mr. Fuller's June 7, 2004, Declaration. The photographs do not show the entire site, so the extent and effectiveness of the fencing cannot be evaluated. Case No. EB-05-BS-059. The Rules require antenna structure owners to monitor lights daily or install automatic alarm systems to ensure lights function properly. 47 C.F.R. � 17.47. Antenna structure owners are required to maintain lighting equipment and replace or repair inoperative lights, indicators, and control and alarm systems as soon as practicable. 47 C.F.R. � 17.56. 47 C.F.R. � 73. 3526(e)(10). March 1 Petition at 40-41 and Exhibit 19, undated Declaration of Andrew LeCara, and Exhibit 20, undated Declaration of Brian Rheamue. Opposition at 26-30. Section III,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Requests of American Tower Corporation and Global Signal, Inc. to Waive Section 17.47(b) Of the Commission's Rules ) ) ) ) ) ) ) ) ) WT Docket No. 05-326 MEMORANDUM OPINION AND ORDER Adopted: May 11, 2007 Released: May 15, 2007 By the Commission: INTRODUCTIOn This Memorandum Opinion and Order addresses two separate requests to waive Section 17.47(b) of the Commission's Rules, 47 C.F.R. � 17.47(b), which provides that the owner of
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  • 8-9, citing Liability of Mid-West Radio-Television, Inc., FCC 63-1024 (1963). Midwest Radio-Television was cited in Hubbard Broadcasting, Inc., a copy of which was attached to Primetime 24 Joint Venture v. Telcable Nacional, 1990 U.S. Dist. Lexis 20034 (1990). Although no separate forfeiture was assessed, we note that Tidewater's use of a manual light monitoring system does not comply with Section 17.47(a) of the Rules, which requires either daily visual observation of the antenna structure's lights or an automatic indicator designed to register light failure or installation of an automatic alarm system designed to detect light failure. See 47 C.F.R. � 17.47(a). Instead, Tidewater consciously chose to use a noncompliant monitoring system that apparently contributed to the outage on subsequent days in
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  • (Cingular), and CTIA - the Wireless Association (CTIA) all filed comments or reply comments urging streamlining and harmonization of the Part 17 rules. PCIA also filed a petition for rulemaking (RM 11349) to modernize and clarify Part 17 of the Commission's Rules. PCIA's Petition for Rulemaking seeks five changes to Part 17: (1) elimination of or substantial revision of Section 17.47(b) regarding quarterly inspections of automatic control devices or systems associated with antenna structure lighting; (2) amendment of Sections 17.4(e)-(f) and 17.6(c) to eliminate the requirement that antenna structure owners provide tenants with paper copies of the Antenna Structure Registration (ASR); (3) clarification of Section 17.4(g) to expressly permit posting of the ASR number on a tower's compound fence or gate;
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  • a hazard to air navigation if it is equipped with an AVWS station in lieu of continuous lighting, then the use of an AVWS station in lieu of continuous lighting would comply with our Part 17 requirements. Therefore, we conclude that there is no need to amend Part 87 as proposed by OCAS. With respect to Commission-registered antenna structures, Section 17.47(a)(1) of the Commission's Rules requires daily ``observation'' of their lighting, either visually or by ``observing an automatic properly maintained indicator designed to register any failure of such lights.'' The OCAS(R) system monitors the AVWS station, and alerts a remote facility if the radar or lighting malfunctions. OCAS's petition, however, does not include a proposal to make this a required feature
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  • GHz Band, the alternative approach would be to deny conditional authority on the two additional channel pairs and require applicants to wait until the Commission grants their applications before they can commence service. Again, the resulting delays can make it more difficult for applicants to meet their communications needs or the needs of their customers. Antenna Structure Lighting Inspection Section 17.47 (b) of the Commission's rules requires that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ``[s]hall 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.'' Since January
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • Station Logs. Station logs provide a mechanism for verifying proper operation of a station, as they require the licensee to examine the operation before making a log entry. Logging requirements for LPFM stations will be minimal. The station log for LPFM will contain only the following entries: Daily observation of proper function of tower obstruction lighting (if required by Section 17.47 of the Commission's Rules); Dates and a brief explanation regarding station outages due to equipment malfunctioning, servicing or replacement; Any operation not in accordance with the station license; Receipt of weekly EAS (Emergency Alert System) test; Name of person making the entry. These minimal requirements will not impose any significant burden on LPFM licensees. Except for any required daily tower
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  • 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 ``[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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  • 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 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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  • South Haven, Michigan ) ) FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (?WSJM?), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237839A1.html
  • 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 violations for which forfeitures are
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-237857A1.html
  • 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 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
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  • and 13 of the FAA Circular Number 70/7460-1J. b. 47 C.F.R. 17.51(a): All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. The red obstruction lighting on the antenna structure was not functioning properly. One of the red obstruction lighting bulbs was extinguished while the other one was steady burning instead of flashing. c. 47 C.F.R. 17.47(a): The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-244173A1.html
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Western New York Public Broadcasting Association (``WNYPBA''), owner of Tower # 1033427. 2. On January 26, 2004 Resident Agent, Gene Stanbro, from the Buffalo Office visually inspected tower # 1033427 and with preliminary and subsequent investigation, observed the following violations: 2.a. 47 C.F.R. 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • 2004 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
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  • on the Antenna Structure Registration. Specifically, the license BMLED- 19961001KG for station WPGM specifies the coordinates of the antenna structure as 40-59- 16 N by 076-32-51 W and an overall height above ground of 73 meters. However, the Antenna Structure Registration specifies the coordinates as 40-59-14 N by 076-32-50 W and the overall height as 74.3 meters. 2.d. 47 C.F.R. 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
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  • By the 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.
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  • NOTICE 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
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  • Angeles 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
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  • 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." At the time of inspection, no Antenna Structure Registration Number was visible at the base of the structure. b. C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • foot of Culp Street near Domino Lane in Philadelphia, Pennsylvania, and observed the following violations: a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." On September 18, 2006 at 6:25 a.m., the agent observed that the top level red beacon on antenna structure 1035474 was extinguished. b. 47 C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • ASR # 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
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  • comply with the mandatory FAA lighting recommendations for the antenna structure, a violation of Section 17.23 of the Commission's Rules ("Rules"); and by failing to make 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, 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
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  • used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 6. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
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  • Pennsylvania and observed the following violations: a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." During the inspection, the agent observed that one of the two steady burning red obstruction lights was extinguished at both the two-thirds level and the one-third level of the antenna structure. b. 47 C.F.R. S 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • # 1010654 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 12, 2007 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Omnicom Tower Limited ("Omnicom"), owner of antenna structure # 1010654, in Woodward County, Oklahoma, apparently willfully and repeatedly violated Sections 17.47 and 17.57 of the Commission's Rules ("Rules") by failing to observe the tower lights on a daily basis in a manner that would ensure proper operation of the lights and failing to update tower ownership information. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Omnicom is apparently liable for a forfeiture in
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-274421A1.html
  • structures 1062806, 1062807, and 1062808, in Oxnard, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended ("Act"), by failing to make 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, a violation of Section 17.47(a) of the Commission's Rules ("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,
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  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make 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, 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277834A1.html
  • ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2007 By the Resident Agent, 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 # 1010664, in Yabucoa, Puerto Rico, apparently willfully and repeatedly violated Sections 17.47(a)(1), 17.50, and 17.51(a) of the Commission's Rules ("Rules") by failing to monitor the antenna structure's lights, failing to paint its antenna structure to maintain good visibility, and failing to exhibit red obstruction lights 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-278796A1.html
  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make observations 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, 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-281509A1.html
  • ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 8, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL ("Owner"), apparently willfully violated Section 17.47(g) of the Commission's Rules ("Rules") and willfully and repeatedly violated Section 17.50 of the Rules by failing to post Antenna Structure Registration ("ASR") numbers and failing to paint his antenna structures to maintain good visibility. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Owner is apparently liable for a forfeiture in the
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-282169A1.html
  • "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." At the time of the inspection, the agent observed that no Antenna Structure Registration Number was displayed at the base of the tower or on the fence surrounding the antenna structure. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications, shall make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to make sure all lights are functioning as required."
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-285863A1.html
  • ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 30, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that BK Towers, LLC ("BK"), owner of antenna structure bearing registration number 1032514, Manter, Kansas ("Tower"), apparently willfully and repeatedly violated Section 17.47(a) of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that BK is apparently liable for a forfeiture
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286287A1.html
  • Structure # 1247216 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 6, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jacksonville MSA Limited Partnership ("Jacksonville"), owner of antenna structure # 1247216 in MacClenny Florida ("Tower"), apparently repeatedly violated Section 17.47(a)(1) of the Commission's Rules ("Rules") by failing to observe the Tower's lights or light indicator on a daily basis. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Jacksonville is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND 2. On February 25, 2008, in response to
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286526A1.html
  • Clementine, MO ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 31, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ozark Media, Inc. ("OMI"), owner of antenna structure bearing registration number 1248505, Clementine, Missouri ("Tower") apparently repeatedly violated Section 17.47(a) of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that OMI is apparently liable for a forfeiture in the amount of two thousand dollars
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286789A1.html
  • which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." See 47 C.F.R. 17.47 (owners of antenna structures which have been assigned lighting specifications are required to observe the structure's lights once every 24 hours to ensure proper functioning or install an automatic alarm system that notifies the owner when the lights are out). 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-289662A1.html
  • S: 312(f)(2), which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290027A1.html
  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290768A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Crown Communications, Inc., owner of antenna structure # 1064920 in Cypress, Texas. 2. On April 23, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1064920 located near Cypress, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290782A1.html
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to American Towers, Inc., owner of antenna structure # 1209005 in Chappell Hill, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1209005 located near Chappell Hill, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290783A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1044546 in Brenham, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1044546 located near Brenham, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290815A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1042162 in Houston, Texas. 2. On May 4, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1042162 located near Houston, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-290816A1.html
  • rate of between 20 and 40 flashes per minute. It was observed that the top medium intensity strobe light was side mounted at the top of the structure in a manner that did not provide an unobstructed view. Also at night the red obstruction beacon was flashing at a rate of about 120 times per minute. b. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-292794A1.html
  • inspection, the agents observed that one of the three high intensity strobes was extinguished at the one-half level, that the high intensity lights on the antenna structure were not synchronized to flash simultaneously at 40 pulses per minute, and failed to switch from 200,000 candelas to 20,000 candelas, at twilight, and to 2,000 candelas at night. c. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-293822A1.html
  • the structure's red obstruction lighting from sunset to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration ("ASR"), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-294208A1.html
  • as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 7. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295044A1.html
  • APPARENT LIABILITY FOR FORFEITURE Released: December 2, 2009 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marconi Broadcasting Company LLC ("Marconi"), owner of antenna structure # 1232260 and licensee of AM radio station WHAT in Philadelphia, Pennsylvania, apparently willfully and repeatedly violated Section 17.47 of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure that all such lights are functioning properly. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Marconi is apparently liable for a forfeiture in the amount of two thousand dollars
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296092A1.html
  • to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration ("ASR"), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained indicator and/or automatic alarm system designed to 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
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296217A1.html
  • readily visible near the base of the antenna structure. On October 2 and 5, 2009, an agent with the Houston Office observed that the ASR number was not displayed in a location visible near the base of antenna structure number 1045666. 11. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
  • time the system was purchased by KFW in 2008 and the date of the inspection on October 5, 2009. KFW also admitted that, as of November 11, 2009, KFW still had not installed EAS equipment at the headend in Bloomington, Texas. 10. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296408A1.html
  • used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 6. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296848A1.html
  • issued pursuant to Section 1.89 of the Commission's Rules, to KNTO, Inc, registrant of antenna structure #1014641, located near Livingston, California. 2. On January 11, 2010 agents of the Commission's San Francisco Office inspected the antenna structure. On January 12, 2010, agents interviewed a representative of the structure owner KNTO, Inc., and observed the following violations: a. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-296849A1.html
  • one-third of the overall height of the tower, and the lights were to be displayed continuously or controlled by a light sensitive device). The lights as installed were dual lighting with a red flashing light for nighttime operation and a flashing medium intensity light for daytime operation. The lights were controlled with a light sensitive device. b. 47 C.F.R. S: 17.47(a)(2): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ... Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner." At the time of the inspection, the agents determined that
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-298101A1.html
  • in Jamestown, New York, and observed the following violations: 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." At the time of the inspection, no Antenna Structure Registration Number was displayed at the base of the tower. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part. . .shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-304356A1.html
  • on the top of the antenna structure and installed in a manner to ensure an unobstructed view of one or more lights by a pilot. On January 13, 2011, the Anchorage agent observed at approximately 9:00 a.m., local time, prior to sunrise, that one of the required top mounted red steady burning lights was not operating. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-309785A1.html
  • Notice of Violation ("Notice") issued pursuant to section 1.89 of the Commission's rules to Etan Industries, Inc., owner of antenna structure # 1051381 in Hallettsville, Texas. 2. On August 24, 2011, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1051381 located in Hallettsville, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312807A1.html
  • # 1202731 located at Ivans and Horner Streets, Philadelphia, Pennsylvania and observed the following violations: a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." During the inspection at 6:49 p.m. on January 31, 2012, the agent observed the antenna structure's top-level red obstruction lighting was extinguished. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://transition.fcc.gov/eb/Orders/2001/da011584.doc http://transition.fcc.gov/eb/Orders/2001/da011584.html
  • the Rules by failing to exhibit red obstruction lighting. USA Tower argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, and therefore, was not ``willful''. We disagree. The fact that a licensee's violation occurred through inadvertence does not prevent it from being willful. PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
• http://transition.fcc.gov/eb/Orders/2001/da012036.doc http://transition.fcc.gov/eb/Orders/2001/da012036.html
  • Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4). 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission
• http://transition.fcc.gov/eb/Orders/2001/da012280.html http://transition.fcc.gov/eb/Orders/2001/da012280.pdf
  • within two days of receiving the NAL. III. DISCUSSION 3. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. When the red obstruction lighting on SpectraSite's tower was not exhibited at 8:30 p.m. on April 5, 2001, this was a violation of Section 17.51(a) of the Rules. 4. Section 17.47 of the Rules4 provides that owners of antenna structures which are registered with the Commission and which have been assigned lighting specifications shall make a visual observation every 24 hours of the antenna structure's lights, or observe an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly. Alternatively,
• http://transition.fcc.gov/eb/Orders/2001/da012816.html http://transition.fcc.gov/eb/Orders/2001/da012816.pdf
  • failure to become familiar with the FCC's requirements is considered a willful violation. See PBJ Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992); Standard Communications Corp., 1 FCC Rcd 358 (1986); Triad Broadcasting Co., Inc., 96 FCC 2d 1235, 1242 (1984). The violation in this case was willful because Bullseye should have known about the malfunctioning top beacon. Section 17.47(a) of the Rules requires tower owners to ensure that tower lights are functioning properly by making daily visual observation of the lights, by making daily visual observations of a properly maintained indicator designed to register any failure of such lights, or by properly maintaining an automatic alarm system designed to detect any failure of such lights and provide notification of
• http://transition.fcc.gov/eb/Orders/2001/da01582.doc http://transition.fcc.gov/eb/Orders/2001/da01582.html
  • $40,000 base amount ($10,000 for each lighting violation) to a cumulative total of $80,000 because of the seriousness and repeated nature of the violations. First, TeleCorp contends that mechanical failures prevented its automatic alarm systems from notifying it of the light outages and, as such, evidence no pattern or egregious misconduct or intentional conduct or lack of good faith. Section 17.47 of the Rule's requires owners of antenna structures registered with the FCC and subject to lighting specifications to inspect and properly maintain their automatic alarm systems. Specifically, the antenna structure owner (a)(1) Shall 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
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1091A1.html
  • Norfolk Office ascertained that the antenna structure, Antenna Structure Registration (``ASR'') Number 1028287, belonged to Tidewater. 4. On November 16, 2001, the Norfolk Office issued a Notice of Violation (``NOV'') to Tidewater. First, the NOV cited apparent violation of Section 17.51(a) of the Rules, which requires an owner to exhibit red obstruction lighting. Second, it cited apparent violation of Section 17.47(a) of the Rules, 3 which requires an owner to (1) observe antenna structure lights at least once every 24 hours either visually or by an automatic indicator of lighting failure, or (2) provide a properly maintained automatic alarm system indicating lighting failure. On November 30, 2001, Tidewater filed a response to the NOV. 5. On December 12, 2001, the Norfolk
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3174A1.html
  • 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. 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
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3405A1.html
  • 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 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
• http://transition.fcc.gov/eb/Orders/2002/DA-02-935A1.html
  • properly exhibit red obstruction lights between sunset and sunrise. 10. Further, to the extent that lightning strikes may have caused subsequent malfunctions of the tower's lighting system and automatic alarm system after each repair, and thus, Florida Power did not receive alerts to timely repair the damage, we do not believe that this warrants mitigation of the forfeiture amount. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights.10 Alternatively,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-938A1.html
  • C.F.R. 17.4(g) and 17.57. 3 47 C.F.R. 17.21. 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,
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-124A1.html
  • 1999 WL 10060 (WTB rel. Jan. 13, 1999). In 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
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-125A1.html
  • Structures,'' 1999 WL 10060 (WTB rel. January 13, 1999). In 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 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. 12 AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). 13 See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01- 1644
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-213A1.html
  • NAL shall be sent by regular mail and Certified Mail Return Receipt 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
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-293A1.html
  • been aware of Bullseye's obligations under the lease agreement, Bullseye's other principals and Bullseye's engineer were aware that the lease agreement obligated Bullseye to monitor the tower lights. 16 It is not clear from the record whether Eure informed Bullseye when it sold the FM station in October 2000 that the dial-up device had to be reprogrammed. 17 47 C.F.R. 17.47. 18 47 C.F.R. 1.115(g). 19 47 U.S.C. 504(a). 20 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.doc
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  • to the NAL, AT&T Wireless argues that it does not believe that it violated the tower lighting rules at the Center Township site and that the proposed forfeiture should therefore be cancelled. AT&T Wireless asserts that a conflict in the rules places antenna structure owners in a ``Catch-22'' situation because Section 17.51(b) requires continuous operation of obstruction lights, while Section 17.47(a) recognizes that lights will sometimes malfunction and therefore requires either daily observation of the lights or use of an automatic alarm system. In addition, AT&T Wireless asserts that it complied fully with the tower lighting requirements but could not prevent the brief light outage. Specifically, AT&T Wireless states that it installed an automatic alarm system, but this system did not
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  • 17, 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
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2780A1.html
  • taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' 9 Calvary's actions before it was notified of the outage also do not warrant any ``good faith'' reduction. Calvary knew its automatic alarm system was malfunctioning but did not arrange for repairs until after the outage. Section 17.47(a)(1) of the Rules10 required daily visual checks of the tower lighting11 during the failure of the automatic alarm system. Calvary, however, made only weekly checks. 11. Calvary's assertion that payment of the proposed forfeiture amount would be a difficult financial burden also does not justify a reduction in the forfeiture amount. As explicitly stated in the NAL, we will not
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3180A1.html
  • 10, 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
• http://transition.fcc.gov/eb/Orders/2003/DA-03-3276A1.html
  • we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'').2 2. On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00).3 Max Media filed its response to the NAL on November 8, 2002, and supplemented
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-264A1.html
  • Employees or Fewer Manufacturers 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
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  • lighting be exhibited at night. PCI does not dispute that one or more beacons were inoperable or functioning improperly on the antenna structure from November 11-15, 2002 and on December 3, 2002. PCI argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, damage created by rodents, and therefore, was not ``willful.'' We disagree. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights.10 Alternatively,
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  • into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.5 7. Section 17.51 of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. Further, Section 17.47 of the Commission's Rules6 requires that the owner of a registered antenna structure observe the lights at least once each 24 hours either visually or by observing an automatic indicator; or alternatively provide and maintain an automatic alarm system designed to detect any failure of the lights and to notify the owner of the failure. Barnacle states its structure is
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2265A1.html
  • November 19, 2002, until December 4, 2002 when the FCC agent notified him. Business Cell argues, however, that the lighting outage was the result of a ``lightning strike that was unbelievable'' and implies that an ``act of God'' should be a mitigating fact warranting reduction or rescission of the forfeiture and that the violation was not willful. 11. 11. Section 17.47 of the Rules8 requires that the owner of an antenna structure observe the antenna structure's lights at least once every 24 hours, either visually or by observing an automatic properly maintained indicator designed to register any failure of the lights. Alternatively, the owner may use an automatic alarm system that is properly maintained and designed to detect any failure of
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2903A1.html
  • violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules;1 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1);2 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a);3 and 4) failure to exhibit red obstruction lighting from sunset to sunrise, in violation of Section 17.51(a).4 II. BACKGROUND 2. On September 23, 2002, the Commission's Detroit Office received information that the top flashing obstruction lights on each of two
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  • system prior to the noted violation of Section 17.51 does not warrant a ``good faith'' reduction. Mediacom knew there was a delay in the delivery of the automated alarm system, yet no evidence is offered that Mediacom made any effort to monitor the lighting structure by any other means during the time when the alarm system was on order. Section 17.47 of the Rules requires that an owner of an antenna structure either observe the antenna structure's lights visually every 24 hours, or observe the lights through an automatic indicator every 24 hours; or alternatively, maintain an automated alarm system designed to detect any lighting outages and report that outage to the owner.9 Mediacom offered no evidence that Section 17.47 of
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3153A1.html
  • ) ) 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
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  • light outage 2 or 3 days prior to the call. Mr. Baldwin, in his declaration denies making any such statement. 5 Tidewater Communications, Inc., 18 FCC Rcd 5524 (Enf. Bur. 2003). 6 47 U.S.C. 503(b). 7 47 C.F.R. 1.80. 8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 9 47 U.S.C. 503(b)(2)(D). 10 Pursuant to Section 17.47(a)(1) of the Rules, an owner is required to observe the antenna structure's lights at least once every 24 hours either visually or by observing a properly maintained automatic indicator that registers any failure of the lights; or, pursuant to Section 17.47(a)(2) of the Rules, an owner is required to provide a properly maintained automatic alarm system designed to detect any
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  • Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Co., supra. 12 47 C.F.R. 17.21(a). 13 The record does not reflect that WLTH was aware of the light outage pursuant to the tower owner responsibilities set out in Section 17.47(a) of the Rules, 47 C.F.R. 17.47(a), to detect such light failures. 14 WLTH's assertion that it notified the FAA of the outage on March 5, 2003, is clearly erroneous in light of the station engineer's statement on March 12, 2003, that he had not notified the FAA, and the FAA records which indicated that WLTH notified the FAA on March
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  • of 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
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1817A1.html
  • Western 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1091A1.html
  • Bureau: 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1720A1.html
  • on 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2040A1.html
  • that "[a]pplying the two downward adjustment criteria to this case (good faith and history of overall compliance), we find sufficient reason to cancel Tidewater's $10,000 forfeiture." The Enforcement Bureau did not conclude that a violation had not occurred, and it did not cancel the Notice of Violation issued to TC on November 16, 2001 for violation of Sections 17.51(a) and 17.47(2) of the Rules. Accordingly, we conclude that TC is not entitled to a reduction of the forfeiture based on history of compliance with the Rules. 12. We have examined TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of
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  • as the reason for the light outage. 18. 19. 9. We do not find the reason given by Mr. Saunders to explain the light outage sufficient to warrant reconsideration of the Forfeiture Order in light of the complaint that the tower light was out for two years, and that our agent observed the outage on two consecutive days. Moreover, Section 17.47 of the Rules provides that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: 20. 21. (a)(1) [s]hall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure
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  • 2006 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
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  • 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 the Rules. 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934,
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  • take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. 7. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2442A1.html
  • recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(E). 47 U.S.C. S 303(q). 47 C.F.R. S 17.51. FCC Form 715, Paragraph 3. FCC Form 715, Paragraph 12. 47 C.F.R. S 17.56. See 47 C.F.R. S 17.48. See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon. denied, 18 FCC Rcd 25481 (2003). See 47 C.F.R. S 17.47. 47 U.S.C. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 17.51. 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 07-2442 1 4 Federal Communications Commission DA 07-2442 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2442A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2442A1.doc
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  • 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 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1605A1.html
  • 8, 2008 Released: July 10, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we cancel the proposed forfeiture in the amount of twelve thousand dollars ($12,000) issued to David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL ("Owner") for the apparent willful violation of Section 17.47(g) of the Commission's Rules ("Rules") and the apparent willful and repeated violation of Section 17.50 of the Rules. The noted violations involved Owner's apparent failure to post Antenna Structure Registration ("ASR") numbers and failure to paint his antenna structures to maintain good visibility. III. DISCUSSION 2. On April 8, 2008, the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office")
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2306A1.html
  • 2008 Released: October 20, 2008 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 one thousand six hundred dollars ($1,600) to BK Towers, LLC ("BK"), owner of antenna structure bearing registration number 1032514, Manter, Kansas ("Tower"), for willful and repeated violation of Section 17.47(a) of the Commission's Rules ("Rules"). The noted violation involves BK's failure to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. II. BACKGROUND 2. On September 10, 2008, in response to a complaint of a tower light outage from the
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2698A1.html
  • FORFEITURE ORDER Adopted: December 11, 2008 Released: December 15, 2008 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 two thousand dollars ($2,000) to Ozark Media, Inc. ("OMI"), owner of antenna structure bearing registration number 1248505, Clementine, Missouri, for repeated violation of Sections 17.47(a) of the Commission's Rules ("Rules"). The noted violation involves OMI's failure to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. II. BACKGROUND 2. On October 9, 2008, in response to a complaint of a tower light outage, an agent from the Commission's Kansas City Office of
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2776A1.html
  • In 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2776A2.html
  • Communications 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-368A1.html
  • ASR # 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-455A1.html
  • of this Consent Decree, the Estate has effected the repair of all tower obstruction lighting on Antenna Structure # 1059331 in Stephenson, Michigan. The tower lights are presently operating in compliance with the FAA requirements set forth in the tower's FCC Antenna Structure Registration. B. Monitoring of Tower Lighting: As part of his regular duties, and in compliance with Section 17.47(a) of the Commission's rules, and at the Estate's direction, the Programming Director at Station WMXG is checking the status of the tower lights twice daily, once during daylight hours, and once after sunset. This task will be retained as a management duty, and is not delegated to the Station's regular staff. The Programming Director accesses the tower lighting through an
• http://transition.fcc.gov/eb/Orders/2008/DA-08-563A1.html
  • Relay 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-605A1.html
  • 2008 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 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
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1184A1.html
  • Return Receipt Requested to ERF Wireless, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 47 C.F.R. S:S: 17.51(b), 17.57. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932540001 (Enf. Bur., Houston Office, March 27, 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). Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2305A1.html
  • 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 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
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  • Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules ("Rules") by failing to: (1) maintain operational emergency alert system ("EAS") equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith
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  • requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. 8. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
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  • 8-9, citing Liability of Mid-West Radio-Television, Inc., FCC 63-1024 (1963). Midwest Radio-Television was cited in Hubbard Broadcasting, Inc., a copy of which was attached to Primetime 24 Joint Venture v. Telcable Nacional, 1990 U.S. Dist. Lexis 20034 (1990). Although no separate forfeiture was assessed, we note that Tidewater's use of a manual light monitoring system does not comply with Section 17.47(a) of the Rules, which requires either daily visual observation of the antenna structure's lights or an automatic indicator designed to register light failure or installation of an automatic alarm system designed to detect light failure. See 47 C.F.R. S: 17.47(a). Instead, Tidewater consciously chose to use a noncompliant monitoring system that apparently contributed to the outage on subsequent days in
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  • South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Miller Communications, LLC ("Miller Communications"), owner of antenna structure number 1018669 located in Red Hill, Georgia, for willful and repeated violation of section 303(q) of the Communications Act of 1934, as amended ("Act") and sections 17.47(a) and 17.51(a) of the Commission's rules ("Rules"). The noted violations involved Miller Communications's failure to monitor antenna structure lighting and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On April 12, 2011, the Enforcement Bureau's Atlanta Office ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to Miller Communications.
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  • violator's gross revenues); Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). See id. See 47 C.F.R. S: 17.47. See 47 C.F.R. S: 17.48. See 47 U.S.C. S: 303(q) (requiring the owner of a tower that ceases to be licensed by the Commission for the transmission of radio energy to maintain the prescribed painting and/or illumination of such tower until it is dismantled). 47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 17.51(a). 47 U.S.C.
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  • section 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
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  • 1. 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
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  • ORDER Adopted: February 28, 2011 Released: February 28, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find that KFW Communications LLC ("KFW"), owner of antenna structure number 1040289 ("Tower"), located in Caldwell, Kansas , apparently willfully and repeatedly violated section 17.47 of the Commission's rules ("Rules") by failing to observe the antenna structure's lights at least once each 24 hours. We conclude that KFW is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Furthermore, we direct KFW to submit a statement certifying compliance with the Commission's tower lighting rules. II. BACKGROUND 2. On March 20, 2010,
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  • 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 Miller Communications, LLC ("Miller"), owner of antenna structure number 1018669 located in Red Hill, Georgia ("Tower"), apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended ("Act") and sections 17.47(a) and 17.51(a) of the Commission's rules ("Rules") by failing to monitor antenna structure lighting and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude that Miller is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. On December 9, 2010, in response to a complaint that the lights on
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  • Adopted: April 14, 2011 Released: April 14, 2011 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to KFW Communications LLC ("KFW"), owner of antenna structure number 1040289 ("Tower"), located in Caldwell, Kansas , for willful and repeated violation of section 17.47 of the Commission's rules ("Rules"). The noted violations involved KFW's failure to observe its antenna structure's lights at least once each 24 hours. 2. On February 28, 2011, the Enforcement Bureau's Kansas City Office ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $6,000 to KFW. KFW has not filed a response to
• http://transition.fcc.gov/eb/Orders/2011/DA-11-824A1.html
  • 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 eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas ("Mr. Smith"), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system ("EAS") equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file.
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  • under this exception. See LOI Response at 1. See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. S: 17.47(a) (requiring owners of antenna structures that are required to be lighted 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). 47 C.F.R. S: 73.1560(b). KM Radio also had no means to monitor remotely its unattended AM
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  • in height to be painted and lighted). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). See infra note 19. 47 C.F.R. S: 1.16. Section 17.47(a) of the Rules requires owners of antenna structures that are required to be lighted 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. 47 C.F.R. S: 17.47(a). Although Telava stated that the Antenna Structure's landowner was
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  • District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Telava Wireless, Inc. (Telava), owner of antenna structure number 1050174 (the Antenna Structure) located in Fordsville, Kentucky, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act) and Sections 17.47 and 17.56(a) of the Commission's rules (Rules) by failing to make observations of the antenna structure lights at least once every 24 hours and to repair the unlit antenna structure lights as soon as practicable. We conclude that Telava is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). In addition, we direct Telava to submit,
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  • entity is the registered owner of the Antenna Structures. III. APPLICABLE LAWS AND VIOLATIONS 5. Section 303(q) of the Act states that antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission. Section 17.51(a) of the Rules requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified. Section 17.47 of the Rules requires antenna structure owners to observe antenna structure lights visually at least once every 24 hours to insure that all such lights are functioning as required. Section 17.48 of the Rules requires antenna structure owners to notify the FAA immediately of any known extinguishment of any top steady burning light or any flashing obstruction light, regardless of
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  • Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Martin Broadcasting, Inc. (Martin Broadcasting), owner of antenna structure number 1060813 (the Antenna Structure), located in Beaumont, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.47(a) and 17.51(a) of the Commission's rules (Rules) by failing to exhibit red obstruction lighting from sunset until sunrise and to monitor the structure lighting on a daily basis. We conclude that Martin Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, we direct Martin Broadcasting to submit, no later than thirty (30)
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  • disagree with Crown's assertion that the circumstances surrounding the violation warrant a reduction in the forfeiture. To the extent that Crown faults the technician who incorrectly informed Crown's NOC that the tower's lighting had been restored, we note that daily observation of the Salinas tower would have alerted Crown to the fact that the tower's lighting was still out. Section 17.47(a)(1) of the Rules requires tower owners to ``make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights.'' It does not appear from the record before us that any daily observation of the Salinas tower occurred between April 28,
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  • Atlanta, GA. Tampa, FL District Office (4/17/02). * Crown Castle GT Company, LLC, Canonsburg, PA. Tampa, FL District Office (4/17/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Marcus Cable Partners, 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
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  • Posting of Antenna Structure Registration Number * Concilio Mision Cristiana 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
• http://transition.fcc.gov/eb/Public_Notices/DA-02-1689A1.html
  • (6/18/02). * Millcreek Broadcasting, LLC, KUUU-FM1, KUDD(FM), KUUU(FM). $22,000 NAL. Other violation: 47 C.F.R. 74.1251 (Technical and Equipment Modifications). Denver, CO District Office (6/19/02). * Atlantic Beach Radio, Inc., WMIR(AM), Atlantic Beach, SC.. $12,000 NAL. Other violation: 47 C.F.R. 73.1745 (Unauthorized Operation). Atlanta, GA District Office (6/24/02). * KGGF-KUSN, Inc., Coffeyville, KS, Springfield, MO. $23,000 NAL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting) and 73.49 (AM Transmission System Fencing Requirements). Kansas City, MO District Office (6/28/02). * 47 C.F.R. 11.52 EAS Code and Attention Monitoring Requirements * Faith Mountain Communications, Inc., WRRL, Rainelle, WV. $8,000 NAL. Columbia, MD District Office (6/19/02). * 47 C.F.R. 11.61 Tests of EAS Procedures *
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  • Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * FBS Wireless Corporation, Berwick, PA. $20,000 NAL. Other violations: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited) and 73.1590 (Equipment Performance Measurements). Philadelphia, PA District Office (8/12/02). * St Louis Mobile Systems, Belle, MO. $3,000 NAL. Kansas City, MO District Office (8/20/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * AAT Communications Corporation, Iselin, NJ. $2,000 NAL. Kansas City, MO District Office (8/13/02). * 47 C.F.R. 17.50 Cleaning and Repainting * Crown Castle GT Company, LLC, Canonsburg, PA. $10,000 NAL. Kansas City, MO District Office (8/27/02). * KN Telecommunications, Inc., Lakewood, CO. $10,000 NAL. Kansas City, MO District Office (8/27/02).
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  • set forth in the NAL. Communications Act * 47 U.S.C. 301 Unauthorized Operation * Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). * 47 U.S.C. 303(q) Antenna Structure Painting and Lighting * Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local Public Inspection File for Noncommercial Educational
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  • District, KAKX, Mendocino, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). * Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Seattle, WA District Office (1/22/02). * 47 C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Mega Communications, Silver Spring, MD. Other
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  • C.F.R. 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). * Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Charter Communications, Coos Bay, Oregon. Portland, OR Resident Agent Office (2/12/02). * Service Electric Cable, Allentown, PA. Other violations: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 76.1708 (Principal Headend), 76.1709 (Availability of Signals) and 76.1711 (Emergency Alert System (EAS) Tests and Activation). Philadelphia, PA District Office (2/14/02). * Urban Cableworks of Philadelphia, Philadelphia, PA. Philadelphia, PA District Office (2/14/02). * Capstar TX Limited Partnership, WKCY, Harrisonburg, VA. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District
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  • OF APPARENT LIABILITY 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.35 Equipment Operational Readiness * TV 45 Productions, Inc., KLHU-CA, Lake Havasu City, AZ. $8,000 NAL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/13/02). 47 C.F.R. Part 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R.
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  • Pipeline Company, Syracuse, NY. $13,000 NAL. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Buffalo, NY Resident Agent Office (3/12/03). * 47 C.F.R. 17.23 Specifications 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,
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  • Office (5/25/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.11 (Emergency Alert System) TCI Atlantic, Inc., Maple Shade, NJ. Philadelphia, PA Office (5/16/00). 47 C.F.R. � 11.15 (EAS Operating Handbook) Clamor Broadcasting Network, Inc. (WJVP-FM), Culebra, Puerto Rico. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), and 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). San Juan, PR Office (5/2/00). Church Point Ministries, Inc., Baton Rouge, LA. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47
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  • 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. � 73.1870 (Chief
• http://transition.fcc.gov/eb/Public_Notices/da002136.doc http://transition.fcc.gov/eb/Public_Notices/da002136.html
  • (8/8/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). Walton County Board of County Commissioners, Defuniak Springs, FL Tampa, FL District Office (8/09/00). Hahn, Ned E. DBA=H Services. Anchorage, AK Resident Agent Office (8/10/00). Mortenson Broadcasting Co. of Texas, Inc., KGGR, Dallas, TX. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.56 (Maintenance of Lighting Equipment), 73.1400 (Transmission System Monitoring and Control), 73.1570 (Modulation Levels: AM, FM, and TV aural), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870(Chief Operators). Dallas, TX District Office (8/15/00). Canandaigua Broadcasting, Canandaigua, New York. Buffalo, NY Resident Agent Office (8/16/00). MCI Telecommunications
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  • 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained
• http://transition.fcc.gov/eb/Public_Notices/da002635.doc http://transition.fcc.gov/eb/Public_Notices/da002635.html
  • Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR �� 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR �� 11.61 (Tests for EAS
• http://transition.fcc.gov/eb/Public_Notices/da00580.doc http://transition.fcc.gov/eb/Public_Notices/da00580.html
  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
• http://transition.fcc.gov/eb/Public_Notices/da00813.doc http://transition.fcc.gov/eb/Public_Notices/da00813.html
  • City, MO Office (3/28/00). Southwest Management, Spencer, Oklahoma. NOV also issued for violation of 47 C.F.R. � 17.56. Dallas, TX Office (3/28/00). Warner LLC, Lincoln, NE. Kansas City, MO Office (3/28/00). AT&T Corporation, Plainview, NY. New York, NY Office (3/29/00). 47 C.F.R. � 17.22 (Specifications) New Jersey Transit Rail Operations, Hoboken, NJ. New York, NY Office (3/14/00). 47 C.F.R. � 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) Universal Broadcasting of New York, Inc., WTHE(AM), Mineola, NY. NOV also issued for violation of 47 C.F.R. �� 73.1560, 73.1570, 73.1820, and 73.1870. New York, NY Office (3/8/00). Pinnacle Towers, Inc., Sarasota, FL. NOV also issued for violation of 47 C.F.R. � 17.48. New Orleans, LA Office (3/10/00). 47 C.F.R. �
• http://transition.fcc.gov/eb/Public_Notices/da00996.doc http://transition.fcc.gov/eb/Public_Notices/da00996.html
  • harmful interference). San Juan, PR Office (4/13/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.15 (EAS Operating Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. ��
• http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
  • Nextel Communications, McLean, VA. Honolulu, HI Resident Agent Office (3/13/01). 47 C.F.R. � 17.22 - Particular Specifications to be Used State of Alaska, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/7/01). Matanuska Kenai Inc. DBA = Cellular Connection, Palmer, Alaska. Anchorage, AK Resident Agent Office (3/8/01). Municipality of Anchorage, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/12/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment L B Tower Company, LLC, Cincinnati, OH. Other violation: 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/9/01). USA Tower Inc., Windsor, NC. Other violations: 47 C.F.R. �� 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna
• http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
  • Agent Office (12/20/00). Voice Stream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (12/22/00). Bluebonnet Radio, Inc., Greenville, Texas. Dallas, TX District Office (12/27/00). 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).
• http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
  • EAS Procedures), 73.54 (Antenna Resistance and Reactance Measurements), 73.1230 (Posting of Station License), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). Chicago, IL District Office (4/13/01). Beacon Broadcasting Inc., WGRP(AM), Greenville, Pennsylvania. Other violations: 47 C.F.R. �� 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal), 73.49 (AM Transmission System Fencing Requirements), 73.1350 (Transmission System Operation), 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 (4/23/01). Four Him Enterprises, L.L.C., Potosi, MO. Other
• http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
  • Inc., Sarasota, FL. Chicago, IL District Office (5/1/01). Radio Disney, Fort Washington, PA, (WWJZ, Mount Holly NJ). Other violations: 47 C.F.R. �� 73.62 (Directional Antenna System Tolerances), 73.1125 (Station Main Studio Location) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (5/7/01). American Tower Limited Partnership, Schaumburg, IL. Chicago, IL District Office (5/9/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Metropolitan Radio Group, Inc., Flower Mound, TX. Other violations: 47 C.F.R. � 73.1820 (Station Log) and 73.1870 (Chief Operator). Tampa, FL District Office (5/14/01). 47 C.F.R. � 17.48 - Notification of Extinguishment or Improper Functioning of Lights Missouri Pacific Railroad, Pacific, Missouri. Kansas City, MO District Court (5/1/01). Qwest Corporation,
• http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
  • (Posting of Station License), 73.1800 (General Requirements Related to the 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:
• http://transition.fcc.gov/eb/Public_Notices/da012031.doc http://transition.fcc.gov/eb/Public_Notices/da012031.html
  • 73.1400 (Transmission System Monitoring and Equipment) and 73.1800 (General Requirements Related to the Station Log). Chicago, IL District Office (7/13/01). MAPA Broadcasting, L.L.C., WSLA(AM), Slidell, 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
• http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
  • Inc. d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). * Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. 73.1820 (Station Log). San Francisco, CA District Office (8/16/01). * Bullie Broadcasting Corporation, WBAW, Barnwell, SC. Other violations: 47 C.F.R 17.4(g) (Posting of Antenna Structure Registration Number), 17.50 (Cleaning and Repainting), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (8/17/01). * Tri-County Broadcasting, Inc., WWBD-FM, Bamberg, SC. Other violation: 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta,
• http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
  • 11.52 (EAS Code and Attention Signal Monitoring Requirements). Kansas City, 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),
• http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
  • New Par, Alpharetta, GA. Detroit, MI District Office (10/29/01). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Crown Communications, Inc., Canonsburg, PA. Norfolk, VA Resident Agent Office (10/12/01). * Adams County Communications Center, Inc., Commerce City, CO (ASR #1213685). Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Denver, CO District Office (10/25/01). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Southern Pacific Transportation Company, Omaha, NE. San Francisco, CA District Office (10/25/01). * 47 C.F.R. 17.48 Notification of Extinguishment or Improper Functioning of Lights * ClearShot Communications, LLC, Malvern, PA. Chicago, IL District Office (10/11/01). * Hospers Telephone Exchange, Inc., Hospers, IA. Kansas City, MO District Office (10/12/01). * Duke
• http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
  • Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). * AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. 17.48 ( Notification of Extinguishment or Improper Functioning of Lights). Denver, CO District Office (11/19/01). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Tidewater Communications, Inc., Windsor, VA. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (11/16/01). * Pinnacle Towers, Inc., Windham, NH. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (11/28/01). * 47 C.F.R. 17.48
• http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
  • Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/8/01). Woodhaven Investment Trust Inc., Philadelphia, PA. Philadelphia, PA District Office (1/8/01). American Tower LP, Boston, MA. Philadelphia, PA District Office (1/16/01). Clear Channel Communications, Pittsburgh, PA. Other violation: 47 C.F.R. � 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/16/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment WPRV-TV Inc., (WKVM_AM), San Juan, PR. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (1/9/01). WPRV-TV Inc., (WORO-FM), San Juan, PR. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). San Juan,
• http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
  • C.F.R. � 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Renewal). Tampa, FL District Office (2/1/01). Pinnacle Towers, Inc., Lockport, New York. Other violation: 47 C.F.R. � 17.50 (Cleaning and Repainting). Buffalo, NY Resident Agent Office (2/1/01). American Tower, L.P., Kent, WA. San Francisco, CA District Office (2/5/01). Newcomm Wireless Services, San Juan, PR. Other violations: 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 17.51 (Time When Lights Should Be Exhibited). San Juan, PR Resident Agent Office (2/5/01). Central Power and Light Company, dba American Electric Power Service Corp., Tulsa, OK. Houston, TX Resident Agent Office (2/6/01). Equistar Chemicals LP, Alvin, TX. Houston, TX
• http://transition.fcc.gov/eb/bc-chklsts/EB18FMTR06_2008.pdf
  • observed at least once every 24 hours either visually or by observing an automatic indicating device; or alternatively the licensee/tower owner may provide and maintain an automatic alarm system to constantly monitor the lighting on a structure. All automatic or mechanical control devices, indicators, and alarm systems are required to be inspected at intervals NOT TO EXCEED 3 months. [See 17.47] 16. OBSERVATIONS: Is the lighting on the tower(s) observed at least once every 24 hours either visually or by observing an automatic indicating device; or alternatively has the licensee/tower owner provided and maintained an automatic alarm system? [See 17.47] 17. MAINTENANCE CHECKS: Have all automatic and/or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting been
• http://transition.fcc.gov/eb/bc-chklsts/EB18LPFM06_2008.pdf
  • observed at least once every 24 hours either visually or by observing an automatic indicating device; or alternatively the licensee/tower owner may provide and maintain an automatic alarm system to constantly monitor the lighting on a structure. All automatic or mechanical control devices, indicators, and alarm systems are required to be inspected at intervals NOT TO EXCEED 3 months. [See 17.47] 19. OBSERVATIONS: Is the lighting on the tower(s) observed at least once every 24 hours either visually or by observing an automatic indicating device; or alternatively has the licensee/tower owner provided and maintained an automatic alarm system? [See 17.47] 20. MAINTENANCE CHECKS: Have all automatic and/or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting been
• 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
  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
• http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
  • tower moni- toring.4-' Apparently, some automated light monitoring sys tems currently in use can indicate a malfunction, but manual observation is often needed to identify which light is out.44 There was some discussion as to who should be notified in the event of a light failure - the licensee, the FAA or both - but no consensus emerged. 27. Section 17.47 requires that a licensee with an an tenna tower check the lights once a day. either directly or via a monitor, or use an automatic alarm system to signal any light failures. The Commission believes that this rule adequately addresses the operation of automatic tower light monitoring systems and that no addition to or amendment of it is necessary in
• http://wireless.fcc.gov/antenna/index.htm?job=releases
  • OF PROPOSED RULEMAKING (FCC 10-53) 2004 and 2006 Biennial Regulatory Reviews - Streamlining and Other Revisions of Parts 1 and 17 of the Commission's Rules Governing Construction, Marking and Lighting of Antenna Structures Proposed Revisions to the Commission's Part 17 Rules. [34]pdf - [35]Word 8/7/2009 MEMORANDUM OPINION AND ORDER (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) Granted the Request for Waiver filed by Diamond. Denied the Request for Waiver filed by TowerSentry. [36]pdf - [37]Word 11/13/2007 PUBLIC NOTICE (DA 07-4603) WTB to Dismiss all Applications Filed on FCC Form 854 January 2006 Effective with Receipts of December 10th,
• http://wireless.fcc.gov/antenna/index.htm?job=releases&page=1
  • OF PROPOSED RULEMAKING (FCC 10-53) 2004 and 2006 Biennial Regulatory Reviews - Streamlining and Other Revisions of Parts 1 and 17 of the Commission's Rules Governing Construction, Marking and Lighting of Antenna Structures Proposed Revisions to the Commission's Part 17 Rules. [35]pdf - [36]Word 8/7/2009 MEMORANDUM OPINION AND ORDER (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) Granted the Request for Waiver filed by Diamond. Denied the Request for Waiver filed by TowerSentry. [37]pdf - [38]Word 11/13/2007 PUBLIC NOTICE (DA 07-4603) WTB to Dismiss all Applications Filed on FCC Form 854 January 2006 Effective with Receipts of December 10th,
• http://wireless.fcc.gov/antenna/index.htm?job=releases&page=10
  • OF PROPOSED RULEMAKING (FCC 10-53) 2004 and 2006 Biennial Regulatory Reviews - Streamlining and Other Revisions of Parts 1 and 17 of the Commission's Rules Governing Construction, Marking and Lighting of Antenna Structures Proposed Revisions to the Commission's Part 17 Rules. [33]pdf - [34]Word 8/7/2009 MEMORANDUM OPINION AND ORDER (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) Granted the Request for Waiver filed by Diamond. Denied the Request for Waiver filed by TowerSentry. [35]pdf - [36]Word 11/13/2007 PUBLIC NOTICE (DA 07-4603) WTB to Dismiss all Applications Filed on FCC Form 854 January 2006 Effective with Receipts of December 10th,
• http://wireless.fcc.gov/antenna/releases/notampn1.doc http://wireless.fcc.gov/antenna/releases/notampn1.pdf
  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
• http://wireless.fcc.gov/index.htm?job=headlines&y=2007
  • (DA 07-2166) John R. Ure Application [514]pdf - [515]Word 5/24/2007 ORDER (DA 07-2165) Washington Alarm, Inc. Application [516]pdf - [517]Word 5/24/2007 ORDER (DA 07-2151) Wireless Properties, LLC Petition for Declaratory Ruling, Proposed Tower [518]pdf - [519]Word 5/18/2007 PUBLIC NOTICE (DA 07-2103) Initiation Plans Filed in WT Docket No. 06-0136 [520]pdf - [521]Word 5/15/2007 MEMORANDUM OPINION AND ORDER (FCC 07-89) Section 17.47(b) Waiver Request by American Tower Corporation and Global Signal, Inc [522]pdf - [523]Word 5/14/2007 NOTICE OF PROPOSED RULE MAKING AND ORDER (FCC 07-85) Amendment of Part 90 of the Commission's Rules [524]pdf - [525]Word 5/11/2007 MEMORANDUM OPINION AND ORDER (FCC 07-84) Policies and Rules Concerning the Interstate Interexchange Marketplace [526]pdf - [527]Word 5/11/2007 PUBLIC NOTICE (DA 07-1966) Auction of Phase
• http://wireless.fcc.gov/index.htm?job=headlines&y=2008
  • [108]pdf - [109]Word Statement of Chairman Kevin J. Martin: [110]pdf - [111]Word Joint Statement of Commissioners Michael J. Copps and Jonathan S. Adelstein: [112]pdf - [113]Word Statement of Commissioner Deborah Taylor Tate: [114]pdf - [115]Word Statement of Commissioner Robert M. McDowell: [116]pdf - [117]Word 11/12/2008 MEMORANDUM OPINION AND ORDER (DA 08-2479) Global Tower LLC for Waiver of 47 C.F.R. Section 17.47(b) [118]pdf - [119]Word 11/10/2008 ERRATUM Erratum - Sprint Nextel Corporation and Clearwire Corporation [120]pdf - [121]Word [122]Related Releases 11/10/2008 MEMORANDUM OPINION AND ORDER (FCC 08-258) Verizon Wireless and Atlantis Holdings LLC MO&O and Declaratory Ruling [123]pdf - [124]Word [125]See Erratum Statement of Chairman Kevin J. Martin: [126]pdf - [127]Word Statement of Commissioner Michael J. Copps: [128]pdf - [129]Word Statement of
• http://wireless.fcc.gov/index.htm?job=headlines&y=2009
  • 8/19/2009 PUBLIC NOTICE (DA 09-1818) Auction of FM Broadcast Construction Permits; 77 Bidders Qualified to Participate in Auction 79 [340]pdf - [341]Word Attachment A: [342]pdf Attachment B: [343]pdf Attachment C: [344]pdf 8/11/2009 ORDER (DA 09-1786) National Science and Technology Network, Inc. [345]pdf - [346]Word 8/7/2009 MEMORANDUM OPINION AND ORDER (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) [347]pdf - [348]Word 8/7/2009 PUBLIC NOTICE (DA 09-1764) WTB Seeks Comment on Request of DTV Norwich, LLC for Waiver and Extension of Divestiture Deadline for New York Multichannel Video Distribution and Data Service License [349]pdf - [350]Word July 7/31/2009 LETTER (DA 09-1739)
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=85
  • * PWBs = Provisionally Winning Bidders http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=85M on, 10 Nov 2008 15:20:01 GMT Summary Permits: 43 construction permits for LPTV and TV translator digital companion channels Qualified Bidders: 27 Rounds Completed: 18 Bidding Days: 4 Results for Round 18 Gross Revenue: $132,950.00 - Dollar Change: $9,900.00 - % Change: 8.05 Net Revenue: $105,175.00 - Dollar Change: $15,640.00 - % Change: 17.47 New Bids: 5 Withdrawn Bids: 0 Proactive Waivers: 0 Bidders that Reduced Eligibility: 0 Permits with PWBs*: 30 FCC Held Permits: 13 Eligible Bidders: 23 (of 27 qualified bidders) * PWBs = Provisionally Winning Bidders http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=85M on, 10 Nov 2008 16:20:01 GMT Summary Permits: 43 construction permits for LPTV and TV translator digital companion channels Qualified Bidders: 27 Rounds Completed:
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2007
  • (DA 07-2166) John R. Ure Application [514]pdf - [515]Word 5/24/2007 ORDER (DA 07-2165) Washington Alarm, Inc. Application [516]pdf - [517]Word 5/24/2007 ORDER (DA 07-2151) Wireless Properties, LLC Petition for Declaratory Ruling, Proposed Tower [518]pdf - [519]Word 5/18/2007 PUBLIC NOTICE (DA 07-2103) Initiation Plans Filed in WT Docket No. 06-0136 [520]pdf - [521]Word 5/15/2007 MEMORANDUM OPINION AND ORDER (FCC 07-89) Section 17.47(b) Waiver Request by American Tower Corporation and Global Signal, Inc [522]pdf - [523]Word 5/14/2007 NOTICE OF PROPOSED RULE MAKING AND ORDER (FCC 07-85) Amendment of Part 90 of the Commission's Rules [524]pdf - [525]Word 5/11/2007 MEMORANDUM OPINION AND ORDER (FCC 07-84) Policies and Rules Concerning the Interstate Interexchange Marketplace [526]pdf - [527]Word 5/11/2007 PUBLIC NOTICE (DA 07-1966) Auction of Phase
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2008
  • [108]pdf - [109]Word Statement of Chairman Kevin J. Martin: [110]pdf - [111]Word Joint Statement of Commissioners Michael J. Copps and Jonathan S. Adelstein: [112]pdf - [113]Word Statement of Commissioner Deborah Taylor Tate: [114]pdf - [115]Word Statement of Commissioner Robert M. McDowell: [116]pdf - [117]Word 11/12/2008 MEMORANDUM OPINION AND ORDER (DA 08-2479) Global Tower LLC for Waiver of 47 C.F.R. Section 17.47(b) [118]pdf - [119]Word 11/10/2008 ERRATUM Erratum - Sprint Nextel Corporation and Clearwire Corporation [120]pdf - [121]Word [122]Related Releases 11/10/2008 MEMORANDUM OPINION AND ORDER (FCC 08-258) Verizon Wireless and Atlantis Holdings LLC MO&O and Declaratory Ruling [123]pdf - [124]Word [125]See Erratum Statement of Chairman Kevin J. Martin: [126]pdf - [127]Word Statement of Commissioner Michael J. Copps: [128]pdf - [129]Word Statement of
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2009
  • 8/19/2009 PUBLIC NOTICE (DA 09-1818) Auction of FM Broadcast Construction Permits; 77 Bidders Qualified to Participate in Auction 79 [340]pdf - [341]Word Attachment A: [342]pdf Attachment B: [343]pdf Attachment C: [344]pdf 8/11/2009 ORDER (DA 09-1786) National Science and Technology Network, Inc. [345]pdf - [346]Word 8/7/2009 MEMORANDUM OPINION AND ORDER (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) [347]pdf - [348]Word 8/7/2009 PUBLIC NOTICE (DA 09-1764) WTB Seeks Comment on Request of DTV Norwich, LLC for Waiver and Extension of Divestiture Deadline for New York Multichannel Video Distribution and Data Service License [349]pdf - [350]Word July 7/31/2009 LETTER (DA 09-1739)
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2006&m=1&t=Public_Notice
  • Bureau Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications Action DOC-263412A1: [88]pdf - [89]txt 01/24/2006 WTB Public Notices (DA 06-139) Wireless Telecommunications Bureau seeks comment on the American Tower Corporation request for waiver to perform annual inspections in place of quarterly inspections Required by 47 C.F.R. Section 17.47(b) DA-06-139A1: [90]pdf - [91]word - [92]txt 01/23/2006 WTB Public Notices (DA 06-45) WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES DEPLOYMENT OF "AUTO-TERM," THE AUTOMATED FEATURE IN ITS UNIVERSAL LICENSING SYSTEM THAT IDENTIFIES UNCONSTRUCTED STATIONS RESULTING IN AUTOMATIC TERMINATION OF LICENSES DA-06-45A1: [93]pdf - [94]word - [95]txt 01/23/2006 WTB Public Notices (DA 06-133) Electronic filing of analog cellular status reports will be available through
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2007&m=5&t=Order
  • Bands, et al Issued an Erratum correcting a Report and Order and Further Notice of Proposed Rulemaking, FCC 07-72... DOC-273081A1: [73]pdf - [74]word - [75]txt FCC-07-72A1_Erratum: - [76]word FCC-07-72A2_Erratum: - [77]word FCC-07-72A3_Erratum: - [78]word FCC-07-72A4_Erratum: - [79]word FCC-07-72A5_Erratum: - [80]word FCC-07-72A6_Erratum: - [81]word 05/15/2007 WTB Orders (FCC 07-89) Requests of American Tower Corporation and Global Signal, Inc. to Waive Section 17.47(b) Of the Commission's Rules Granted the Requests for Waiver filed by ATC and GSI FCC-07-89A1: [82]pdf - [83]word - [84]txt 05/11/2007 WTB Orders (FCC 07-84) Policies and Rules Concerning the Interstate Interexchange Marketplace Dismissed the Petitions filed by Nextel Communications, Inc., and Rand McNally & Company. Terminated... FCC-07-84A1: [85]pdf - [86]word - [87]txt 05/10/2007 WTB Orders (FCC 07-83) Marc D.
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2008&m=11&t=Order
  • 73 Ordered the Wireless Telecommunications Bureau to process the Auction 73 Form 601 Applications of Ve... FCC-08-257A1: [58]pdf - [59]word - [60]txt FCC-08-257A2: [61]pdf - [62]word - [63]txt FCC-08-257A3: [64]pdf - [65]word - [66]txt FCC-08-257A4: [67]pdf - [68]word - [69]txt FCC-08-257A5: [70]pdf - [71]word - [72]txt 11/12/2008 WTB Orders (DA 08-2479) Global Tower LLC for Waiver of 47 C.F.R. Section 17.47(b) Waived the rule to permit annual inspections of its antenna structures that currently use the Flash ... DA-08-2479A1: [73]pdf - [74]word - [75]txt 11/10/2008 WTB Orders SPRINT NEXTEL CORPORATION AND CLEARWIRE CORPORATION/Applications for Consent to Transfer Control of Licenses, leases, and Authorizations Issued an Erratum correcting MO&O, FCC 08-259, released November 7, 2008 DOC-286676A1: [76]pdf - [77]word - [78]txt 11/10/2008
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2009&m=8&t=Order
  • INC Denied the Petition for Reconsideration DA-09-1829A1_Rcd: [93]pdf DA-09-1829A1: [94]pdf - [95]word - [96]txt 08/11/2009 WTB Orders (DA 09-1786) NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC Denied MRA's Petition for Reconsideration and granted its informal objection and dismissed applicati... DA-09-1786A1_Rcd: [97]pdf DA-09-1786A1: [98]pdf - [99]word - [100]txt 08/07/2009 WTB Orders (DA 09-1763) TowerSentry LLC Request for Waiver of 47 C.F.R. Section 17.47(b) and Joint Petition of Diamond Communications LLC and Diamond Towers LLC for Waiver of 47 C.F.R. Section 17.47(b) Granted the Request for Waiver filed by Diamond. Denied the Request for Waiver filed by TowerSentry DA-09-1763A1_Rcd: [101]pdf DA-09-1763A1: [102]pdf - [103]word - [104]txt WTB Orders, August - 2009 has 14 Records. Return to Top Arrow [105]Return to Top Last reviewed/updated on
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
  • 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 19.95 Ohio Toledo 21.29 21.29 21.29 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 19.95 Oregon Corvallis 19.31 19.21 19.08 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.72 Oregon Portland 21.65 21.44 21.22 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 22.74 Pennsylvania Allentown 16.10 16.10 16.10 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 18.99 Pennsylvania Ellwood City 14.76 14.76 14.76 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 19.41 Pennsylvania Johnstown 18.67 19.25 18.98 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 23.58 Pennsylvania New Castle 14.76 14.76 14.76 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 17.71 Pennsylvania Philadelphia 17.44 17.44 17.44 20.09 20.09 19.98 18.72 18.56 18.56 18.56
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
  • 18.87 18.72 18.56 19.28 20.31 20.75 Ohio Toledo 21.29 21.29 21.29 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 20.75 Oregon Corvallis 19.31 19.21 19.08 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.62 22.14 Oregon Portland 21.65 21.44 21.22 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 23.64 23.75 Pennsylvania Allentown 16.10 16.10 16.10 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 19.59 20.62 Pennsylvania Ellwood City 14.76 14.76 14.76 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 20.00 21.03 Pennsylvania Johnstown 18.67 19.25 18.98 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 20.97 22.07 Pennsylvania New Castle 14.76 14.76 14.76 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 18.30 19.33 Pennsylvania Philadelphia 17.44 17.44 17.44 20.09 20.09 19.98
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref04.pdf
  • 21.06 21.18 Ohio Columbus 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 Ohio Toledo 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 Oregon Corvallis 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.62 24.05 24.55 Oregon Portland 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 23.64 25.44 25.95 Pennsylvania Allentown 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 19.59 20.87 20.99 Pennsylvania Ellwood City 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 20.00 21.28 21.40 Pennsylvania Johnstown 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 20.97 21.54 21.54 Pennsylvania New Castle 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 18.30 19.58 19.70 Pennsylvania Philadelphia 20.09 20.09 19.98 18.72 18.56 18.56 18.56 19.41 20.67 22.13 22.28
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref05.pdf
  • 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 22.19 Ohio Toledo 21.29 21.29 20.00 19.85 18.87 18.72 18.56 19.28 20.31 21.06 21.18 22.29 Oregon Corvallis 19.02 18.21 18.73 19.65 19.66 19.88 19.97 21.05 21.62 24.05 23.11 22.67 Oregon Portland 21.42 18.36 22.07 23.02 21.22 21.19 21.19 22.07 23.64 25.44 21.60 22.66 Pennsylvania Allentown 17.70 17.70 17.59 17.63 17.47 17.94 17.48 18.35 19.59 20.87 22.21 22.10 Pennsylvania Ellwood City 15.07 15.07 16.72 16.76 16.60 16.60 16.60 18.74 20.00 21.28 22.65 22.53 Pennsylvania Johnstown 20.11 21.95 21.78 20.31 19.48 19.48 21.94 22.86 20.97 21.54 23.33 23.12 Pennsylvania New Castle 15.07 15.58 14.97 15.01 14.90 14.90 14.90 17.04 18.30 19.58 20.84 20.73 Pennsylvania Philadelphia 20.09 20.09 19.98 18.72 18.56 18.56 18.56
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
  • 17.48 10.63 0.0700 40.00 1.25 Rhode Island Providence Bell Atlantic 23.50 12.04 0.1071 36.20 1.95 South Carolina Beaufort Sprint 19.76 12.77 0.1200 32.30 1.25 Tennessee Memphis BellSouth 20.33 11.97 0.1055 47.62 2.20 Tennessee Nashville BellSouth 19.41 11.48 0.1000 45.13 2.20 Texas Brownsville SBC 15.31 11.05 0.0800 47.07 2.50 Texas Corpus Christi SBC 16.22 11.77 0.0800 48.25 2.50 Texas Dallas SBC 17.47 12.20 0.0800 46.95 2.50 Texas Fort Worth SBC 16.17 11.27 0.0800 46.31 2.50 Texas Houston SBC 17.98 12.37 0.0800 47.20 2.50 Texas San Antonio SBC 16.37 11.49 0.0800 47.71 2.50 Utah Logan US West 15.70 13.21 0.0848 26.50 2.50 Virginia Richmond Bell Atlantic 23.78 15.23 0.0993 38.50 1.25 Virginia Smithfield GTE 16.90 15.08 0.1070 30.00 1.50 Washington Everett GTE 18.97
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
  • 21.29 21.29 20.00 19.85 18.87 18.72 Oregon Corvallis 19.31 19.21 19.08 19.02 18.21 18.73 19.65 19.66 19.88 Oregon Portland 21.65 21.44 21.22 21.42 18.36 22.07 23.02 21.22 21.19 Pennsylvania Johnstown 18.67 19.25 18.98 20.11 21.95 21.78 20.31 19.48 19.48 Pennsylvania Ellwood City 14.76 14.76 14.76 15.07 15.07 16.72 16.76 16.60 16.60 Pennsylvania Allentown 16.10 16.10 16.10 17.70 17.70 17.59 17.63 17.47 17.94 Pennsylvania New Castle 14.76 14.76 14.76 15.07 15.58 14.97 15.01 14.90 14.90 Pennsylvania Philadelphia 17.44 17.44 17.44 20.09 20.09 19.98 18.72 18.56 18.56 Pennsylvania Scranton 16.10 16.10 16.10 16.41 16.41 17.59 17.63 18.56 18.56 Pennsylvania Pittsburgh 17.44 17.44 17.44 18.78 18.78 18.67 18.72 17.48 17.48 Rhode Island Providence 23.46 23.62 22.76 23.09 23.50 23.50 23.50 23.50 23.50 South Carolina
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror02.pdf
  • 8.12 6.82 (0.05) 4.49 14Sugar Land Telephone Co. 10.29 11.80 8.89 20.07 79.26 3.65 10.51 15Texas ALLTEL, Inc. 11.04 11.80 4.56 12.91 14.87 13.41 16Western Reserve Telephone Company 10.76 11.80 8.07 11.03 (6,091.24) 15.44 11.93 17C-R Telephone Company 9.48 14.94 101.41 3.38 (21.80) (10.76) 18CenturyTel of Midwest-Michigan, Inc./CenturyTel of MI., Inc 15.73 11.25 24.58 27.74 19CenturyTel of Ohio, Inc. 18.43 17.47 18.16 19.55 20CenturyTel of Wisconsin, Inc. 19.24 11.25 25.02 20.11 21Chillicothe Telephone Company, The 15.34 11.25 36.26 11.60 2.81 7.43 22Coastal Untilities, Inc. 11.56 13.03 13.84 9.04 22.13 10.65 23Concord Telephone Co. 16.51 11.78 44.49 14.69 181.82 14.67 14.90 24El Paso Telephone Co. 17.75 9.82 88.57 12.06 14.01 12.20 25Farmers Telephone Cooperative, Inc 11.48 11.78 14.97 7.07 10.08 8.86 26Fort
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror03.pdf
  • Exchange Carrier Association 13.29%12.35%17.08% - - - 13.47% 1ACS of Anchorage 19.12 12.54 15.48 32.96% (115.83)% 44.20%37.92 2Alhambra-Grantfork Telephone Company 10.31 12.35 (8.85) 40.29 9.12 3ALLTEL Alabama, Inc. 11.37 12.54 5.40 11.02 8,149.68 10.80 11.05 4ALLTEL Arkansas, Inc. 13.36 12.54 11.75 7.64 1,701.98 24.52 18.16 5ALLTEL Carolina, Inc. 8.09 12.54 (0.39) 8.22 263.58 6.86 7.69 6ALLTEL Florida, Inc. 13.48 12.54 17.47 9.32 7,704.57 10.63 10.72 7ALLTEL Georgia Properties 9.92 12.54 3.34 9.14 1,459.96 11.79 10.51 8ALLTEL Kentucky, Inc. 7.79 12.54 1.03 10.12 0.00 11.76 10.79 9ALLTEL Mississippi, Inc. 11.28 12.54 (1.98) 3.77 6,496.71 20.36 11.06 10ALLTEL Missouri, Inc. 12.45 12.54 12.64 15.38 (1,645.57) 9.73 11.94 11ALLTEL New York, Inc. 12.47 12.54 13.89 7.33 1,173.94 10.08 8.96 12ALLTEL Oklahoma Properties 11.98 12.54
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-3.pdf
  • 442151 C TAYLOR TEL. CO-OP.,INC. 3.95 1.38 2.53 0.45 442153 C TEXAS-ALLTEL, INC. -3.32 1.99 -5.20 -33.21 442154 C GTE-SW DBA VERIZON SW INC.-TX (CONTEL) -42.82 3.90 -44.96 -76.65 442159 C VALLEY TELEPHONE CO-OP. INC. - TX 1.70 3.05 -1.32 0.21 442166 C WEST TEXAS RURAL TEL. CO-OP. INC. 4.85 0.00 4.85 5.17 442168 C WES-TEX TELEPHONE CO-OP. 17.03 -0.38 17.47 40.87 442170 C XIT RURAL TELEPHONE CO-OP. INC. 2.48 3.85 -1.32 0.71 442262 C E.N.M.R. TEL. COOP.,INC.-TX -2.50 2.64 -5.01 0.00 445216 C SOUTHWESTERN BELL-TEXAS 5.90 -2.32 8.42 0.00 TOTAL: UTAH 4.49 -3.34 8.11 58.34 502277 C CENTRAL UTAH TEL. INC. 17.65 0.48 17.09 41.49 502277A C CENTRAL UTAH TEL. INC. (QWEST) Exchanges acquired from 505107 QWEST CORP-UT 502278 C
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-7.pdf
  • 67.36 65.55 65.58 66.96 65.44 Number of Sample Cities with Flat-rate Service 53 56 54 54 54 53 53 53 53 54 54 54 54 54 Monthly Charge for Measured/Message Service $20.53 $20.45 $20.88 $20.65 $20.23 $20.03 $20.42 $20.44 $21.16 $20.81 $21.17 $20.61 $21.09 $21.40 200 Five-minute Business-day Same-zone Calls 16.10 16.10 16.57 17.18 17.61 17.41 17.10 17.04 17.22 17.12 17.47 17.97 17.95 18.01 Subscriber Line Charges 4.89 4.85 4.76 4.68 5.27 5.34 5.52 5.47 5.63 5.55 6.85 6.85 6.33 6.33 Extra for Touch-tone 3.41 3.41 2.69 2.47 2.37 1.72 1.33 1.08 0.54 0.42 0.30 0.15 0.07 0.07 Tax including 911 Charges 5.16 5.16 5.04 5.22 5.25 5.21 5.36 5.51 5.76 5.82 6.04 5.96 6.40 6.56 Total Monthly Charge for Measured/Message
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-11.pdf
  • 48,582 30.20 Iowa Telecom - Iowa IA 56,939 39,577 17,362 30.49 Iowa Telecom - Iowa North IA 73,485 54,882 18,603 25.32 Iowa Telecom - Iowa System IA 42,587 30,400 12,187 28.62 Qwest - Iowa IA 579,101 365,306 213,793 36.92 SBC - Southwestern Bell - Kansas KS 776,255 506,357 269,898 34.77 Cincinnati Bell Telephone Company - Kentucky KY 132,357 109,238 23,118 17.47 BellSouth - Kentucky KY 843,553 605,171 238,382 28.26 BellSouth - Louisiana LA 1,580,102 1,159,647 420,456 26.61 Verizon - New England - Maine ME 461,266 318,787 142,479 30.89 Verizon - Maryland MD 2,156,623 1,430,885 725,738 33.65 Verizon - New England - Massachusetts MA 2,449,196 1,562,073 887,123 36.22 Verizon - North - Michigan MI 421,406 310,150 111,257 26.40 SBC - Ameritech -
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • -1.37 3.71 -4.90 -34.69 New Jersey 5.71 4.24 1.42 0.00 New Mexico -4.59 3.21 -7.55 -11.86 New York 4.15 -0.19 4.35 -20.52 North Carolina 3.87 3.06 0.79 -19.23 North Dakota 0.75 -1.39 2.17 17.03 Northern Mariana Islands 4.17 20.86 -13.82 -32.35 Ohio -0.68 1.75 -2.39 11.83 Oklahoma 2.29 3.36 -1.04 8.85 Oregon -0.73 2.43 -3.08 3.67 Pennsylvania 3.73 3.13 0.59 -17.47 Puerto Rico 13.18 2.61 10.30 34.95 Rhode Island -4.25 2.59 -6.66 0.00 South Carolina 3.79 3.62 0.17 1.23 South Dakota 2.74 2.72 0.02 32.34 Tennessee 3.41 2.33 1.05 8.07 Texas 3.92 4.42 -0.48 4.17 Utah -2.41 3.36 -5.58 12.49 Vermont -1.74 3.58 -5.14 2.81 Virgin Islands 5.04 6.32 -1.20 2.39 Virginia 3.98 4.11 -0.12 -8.11 Washington 1.44 2.36 -0.90 -1.76
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • -4.94 0.00 South Carolina 0.19 2.51 -2.26 47.96 South Dakota 10.36 -0.23 10.61 58.16 Tennessee -1.43 0.75 -2.17 48.61 Texas 7.10 1.89 5.11 9.09 Utah 9.52 3.16 6.16 53.86 Vermont -1.60 2.30 -3.81 41.86 Virgin Islands 4.46 5.40 -0.89 6.03 Virginia 4.45 1.67 2.73 7.90 Washington 6.68 2.14 4.45 31.15 West Virginia 2.42 2.57 -0.15 21.56 Wisconsin -0.23 0.85 -1.07 17.47 Wyoming 0.36 4.35 -3.82 3.38 Industry Total 2.04 1.90 0.13 14.63 * Percentage changes from 2001 to 2002. 3 - 30 Table 3.22 Unseparated Non-Traffic-Sensitive Revenue Requirement by Jurisdiction ($) Jurisdiction 1996 1997 1998 1999 2000 Alabama 631,828,641 662,073,026 668,647,749 687,816,460 677,216,113 Alaska 140,494,745 152,506,664 159,465,673 176,042,390 177,959,489 American Samoa 0 3,043,804 3,074,550 3,144,341 2,691,847 Arizona 786,337,269 834,038,873 848,586,754 882,723,236
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
  • City, MO Office (3/28/00). Southwest Management, Spencer, Oklahoma. NOV also issued for violation of 47 C.F.R. � 17.56. Dallas, TX Office (3/28/00). Warner LLC, Lincoln, NE. Kansas City, MO Office (3/28/00). AT&T Corporation, Plainview, NY. New York, NY Office (3/29/00). 47 C.F.R. � 17.22 (Specifications) New Jersey Transit Rail Operations, Hoboken, NJ. New York, NY Office (3/14/00). 47 C.F.R. � 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) Universal Broadcasting of New York, Inc., WTHE(AM), Mineola, NY. NOV also issued for violation of 47 C.F.R. �� 73.1560, 73.1570, 73.1820, and 73.1870. New York, NY Office (3/8/00). Pinnacle Towers, Inc., Sarasota, FL. NOV also issued for violation of 47 C.F.R. � 17.48. New Orleans, LA Office (3/10/00). 47 C.F.R. �
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000580.doc
  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
  • City, MO Office (3/28/00). Southwest Management, Spencer, Oklahoma. NOV also issued for violation of 47 C.F.R. � 17.56. Dallas, TX Office (3/28/00). Warner LLC, Lincoln, NE. Kansas City, MO Office (3/28/00). AT&T Corporation, Plainview, NY. New York, NY Office (3/29/00). 47 C.F.R. � 17.22 (Specifications) New Jersey Transit Rail Operations, Hoboken, NJ. New York, NY Office (3/14/00). 47 C.F.R. � 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) Universal Broadcasting of New York, Inc., WTHE(AM), Mineola, NY. NOV also issued for violation of 47 C.F.R. �� 73.1560, 73.1570, 73.1820, and 73.1870. New York, NY Office (3/8/00). Pinnacle Towers, Inc., Sarasota, FL. NOV also issued for violation of 47 C.F.R. � 17.48. New Orleans, LA Office (3/10/00). 47 C.F.R. �
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
  • harmful interference). San Juan, PR Office (4/13/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.15 (EAS Operating Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. ��
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • Office (5/25/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.11 (Emergency Alert System) TCI Atlantic, Inc., Maple Shade, NJ. Philadelphia, PA Office (5/16/00). 47 C.F.R. � 11.15 (EAS Operating Handbook) Clamor Broadcasting Network, Inc. (WJVP-FM), Culebra, Puerto Rico. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), and 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). San Juan, PR Office (5/2/00). Church Point Ministries, Inc., Baton Rouge, LA. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
  • 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. � 73.1870 (Chief
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
  • (8/8/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). Walton County Board of County Commissioners, Defuniak Springs, FL Tampa, FL District Office (8/09/00). Hahn, Ned E. DBA=H Services. Anchorage, AK Resident Agent Office (8/10/00). Mortenson Broadcasting Co. of Texas, Inc., KGGR, Dallas, TX. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.56 (Maintenance of Lighting Equipment), 73.1400 (Transmission System Monitoring and Control), 73.1570 (Modulation Levels: AM, FM, and TV aural), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870(Chief Operators). Dallas, TX District Office (8/15/00). Canandaigua Broadcasting, Canandaigua, New York. Buffalo, NY Resident Agent Office (8/16/00). MCI Telecommunications
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
  • 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • Station Logs. Station logs provide a mechanism for verifying proper operation of a station, as they require the licensee to examine the operation before making a log entry. Logging requirements for LPFM stations will be minimal. The station log for LPFM will contain only the following entries: Daily observation of proper function of tower obstruction lighting (if required by Section 17.47 of the Commission's Rules); Dates and a brief explanation regarding station outages due to equipment malfunctioning, servicing or replacement; Any operation not in accordance with the station license; Receipt of weekly EAS (Emergency Alert System) test; Name of person making the entry. These minimal requirements will not impose any significant burden on LPFM licensees. Except for any required daily tower
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021212.html
  • willful 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
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030122.html
  • OF 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
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060125.html
  • No. 06-151). (Dkt No 06-27). Comments Due: 02/07/2006. WCB. Contact: Carmell Weathers at (202) 418-2325, email: Carmell.Weathers@fcc.gov or Kimberly Jackson at (202) 418-7393, email: Kimberly.Jackson@fcc.gov, TTY: (202) 418-0484 [68]DA-06-151A1.doc [69]DA-06-151A1.pdf [70]DA-06-151A1.txt Released: 01/24/2006. WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON THE AMERICAN TOWER CORPORATION REQUEST FOR WAIVER TO PERFORM ANNUAL INSPECTIONS IN PLACE OF QUARTERLY INSPECTIONS REQUIRED BY 47 C.F.R. SECTION 17.47(B). (DA No. 06-139). (Dkt No 05-326). Comments Due: 02/23/2006. Reply Comments Due: 03/15/2006. WTB. Contact: John Borkowski at (202) 418-0626 [71]DA-06-139A1.doc [72]DA-06-139A1.pdf [73]DA-06-139A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON JURISDICTIONAL SEPARATIONS. Appointed The Honorable Curt Stamp, Iowa Utilities Board, to serve on the Federal-State Joint Board on Jurisdictional Separations. (Dkt No. 80-286). Action by: the Commission. Adopted:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061222.html
  • of 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
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070515.html
  • FREQUENCY BANDS ALLOCATED TO THE FIXED-SATELLITE SERVICE. Seek comment on whether to license Vehicle-Mounted Earth Stations as an application of the fixed-satellite service in the conventional and extended Ku-band frequencies. (Dkt No. 07-101). Action by: the Commission. Adopted: 05/09/2007 by NPRM. (FCC No. 07-86). IB [10]FCC-07-86A1.doc [11]FCC-07-86A1.pdf [12]FCC-07-86A1.txt REQUESTS OF AMERICAN TOWER CORPORATION AND GLOBAL SIGNAL, INC. TO WAIVE SECTION 17.47(B) OF THE COMMISSION'S RULES. Granted the Requests for Waiver filed by ATC and GSI. (Dkt No. 05-326). Action by: the Commission. Adopted: 05/11/2007 by MO&O. (FCC No. 07-89). WTB [13]FCC-07-89A1.doc [14]FCC-07-89A1.pdf [15]FCC-07-89A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 14, 2007, DID NOT APPEAR IN DIGEST NO. 92: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC SEEKS COMMENT ON RECOMMENDATION TO CAP
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080221.html
  • SECTION 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
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080530.html
  • 403 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.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081112.html
  • REPORTABLE ELIGIBILITY EVENT APPLICATIONS, AND DESIGNATED ENTITY ANNUAL REPORTS ACTION. WTB [59]DOC-286712A1.pdf [60]DOC-286712A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- JASON COMMUNICATIONS, INC. Issued a $3,000 forfeiture to Stations WDOW(AM) and WHPD-FM, Dowagiac, Michigan. Action by: Chief, Audio Division, Media Bureau. Adopted: 11/10/2008 by Forfeiture Order. (DA No. 08-2477). MB [61]DA-08-2477A1.doc [62]DA-08-2477A1.pdf [63]DA-08-2477A1.txt GLOBAL TOWER LLC FOR WAIVER OF 47 C.F.R. SECTION 17.47(B). Waived the rule to permit annual inspections of its antenna structures that currently use the Flash Technology Tower Monitoring System ("FTTMS). Action by: Acting Chief, Wireless Telecommunications Bureau. Adopted: 11/12/2008 by MO&O. (DA No. 08-2479). WTB [64]DA-08-2479A1.doc [65]DA-08-2479A1.pdf [66]DA-08-2479A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 10, 2008, DID NOT APPEAR IN DIGEST NO. 220: -----------------------------------------------------------------------
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090810.html
  • comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion. (Dkt No. 09-137 09-51 ). Action by: the Commission. Comments Due: 09/04/2009. Reply Comments Due: 10/02/2009. Adopted: 07/31/2009 by NOI. (FCC No. 09-65). WCB [43]FCC-09-65A1.pdf [44]FCC-09-65A2.doc [45]FCC-09-65A3.doc [46]FCC-09-65A4.doc [47]FCC-09-65A2.pdf [48]FCC-09-65A3.pdf [49]FCC-09-65A4.pdf [50]FCC-09-65A1.txt [51]FCC-09-65A2.txt [52]FCC-09-65A3.txt [53]FCC-09-65A4.txt TOWERSENTRY LLC REQUEST FOR WAIVER OF 47 C.F.R. SECTION 17.47(B) AND JOINT PETITION OF DIAMOND COMMUNICATIONS LLC AND DIAMOND TOWERS LLC FOR WAIVER OF 47 C.F.R. SECTION 17.47(B). Granted the Request for Waiver filed by Diamond. Denied the Request for Waiver filed by TowerSentry. Action by: Acting Chief, Wireless Telecommunications Bureau. Adopted: 08/06/2009 by MO&O. (DA No. 09-1763). WTB [54]DA-09-1763A1.doc [55]DA-09-1763A1.pdf [56]DA-09-1763A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292644A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292644A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292644A1.txt 4.
• http://www.fcc.gov/Forms/Form349/349.pdf
  • of at least one person who may be contacted to secure suspension of operation should such action be deemed necessary by the Commission. (5) If lighting and painting of the antenna and supporting structure are required, the translator/booster operator will make arrangements for daily inspection and logging of the lighting and associated control equipment, as required by 47 C.F.R. Sections 17.47-17.49. See 47 C.F.R. Section 74.1234. Accordingly, Item 13 asks whether the applicant either does not propose "unattended operation" of its facility, or, if unattended operation is proposed, Item 13 asks the applicant to certify that it will comply with Section 74.1234. Item 14: Multiple Translators. This question requires the applicant to certify that it does not have any interest in
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237764A1.html
  • regular mail and Certified Mail Return Receipt Requested to AAT Communications Corporations, 517 Route 1 South, Suite 5000, Iselin, NJ 08830. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney Kansas City 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237794A1.html
  • Director, New Orleans Office Enforcement 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237873A1.html
  • the 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237971A1.html
  • Released: March 12, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citicasters Licenses, Inc., (``Citicasters'') licensee of Station KACD(AM), in Thousand Oaks, CA, has apparently violated Section 503(b) of the Communications Act of 1923, as amended (``Act'')1 and has apparently willfully violated sections 17.47(a)(1) and 17.49 of the Commission's Rules2 by not making an observation of the antenna structures' lights at least once each 24 hours and not maintaining a record of observed or otherwise known extinguishment or improper functioning of a structure light. We also find that Citicasters has apparently willfully violated sections 73.1125 and 73.1400(a) of the Commission's Rules3 by not maintaining
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237972A1.html
  • 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Max Media of Montana, LLC (``Max Media''), registered owner of antenna structure number 1051225 in Great Falls, Montana, has apparently willfully violated Section 303(q) of the Communications Act of 1934, as amended (``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'')2 by failing to exhibit the prescribed antenna structure lighting, failing to properly maintain an operating automatic alarm system to indicate when the structure lighting is not operating, and failing to notify the Federal Communications Commission (``FCC'') of the change of ownership of the antenna structure. We conclude, pursuant to Section 503(b) of the
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238008A1.html
  • 200232620004 Owner of Antenna Structure No. ) FRN 0002-8842-52 1022410 ) New Orleans, LA ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 31, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Emmis Television License Corporation (``Emmis''), owner of antenna structure no. 1022410, willfully violated Sections 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules''),1 by failing to provide a properly maintained automatic alarm system monitoring its tower lights, and failing to notify the Commission using FCC Form 854 of a change in tower ownership. The violation of Section 17.57 of the Rules also is a repeated violation. We conclude that Emmis is apparently liable for a forfeiture
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238024A1.html
  • the agent contacted the area Federal Aviation Administration (``FAA'') Flight Service Station and determined they had no report of a light outage for this antenna structure. III. DISCUSSION 4. Section 17.51 of the Rules requires prescribed obstruction lighting be exhibited. Mayaguez' antenna structure was observed on April 25, 2002 after sunset at 7:40 PM with obstruction lights not functioning. Section 17.47(a) of the Rules requires that antenna structure owners make an observation of the antenna structure's lights at least once each 24 hours or, alternatively, use an automatic alarm system to detect lighting failures.3 During an inspection of WTIL on April 26, 2002, the station manager had no mechanism to determine if tower lights were properly working the previous night, had
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238189A1.html
  • ) 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 South Central
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238220A1.html
  • Springfield, Missouri NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 28, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that KGGF-KUSN, Inc., licensee of radio stations KGGF(AM), KKRK(FM), and KUSN(FM), and owner of antenna structure numbers 1033307, 1033308, 1033309, and 1033310, willfully and repeatedly violated Sections 11.35(a), 17.47(a)(1), 17.50 and 73.49 of the Commission's Rules (``Rules''),1 by: failing to determine the cause of Emergency Alert System (``EAS'') transmitting and monitoring failures; failing to inspect antenna structure lighting; failing to clean and repaint its four antenna structures as often as necessary to maintain good visibility; and failing to maintain an effective locked fence around its four antenna structures which
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238252A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 13, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find AAT Communications Corporation (``AAT''), owner of antenna structure #1007507, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 17.47(a) of the Commission's Rules (``Rules'').1 Specifically, we find AAT Communications Corporation apparently liable for failure to monitor the status of its antenna structure lighting. II. BACKGROUND 2. On July 16, 2002, the Commission's Kansas City Field Office (``Kansas City Office'') received information concerning an antenna structure with an inoperable top flashing beacon. According to the complaint, the beacon had been
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238260A1.html
  • time of inspection 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238297A1.html
  • Station 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238309A1.html
  • 200232360006 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 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
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238340A1.html
  • 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 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
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  • 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 ``[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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  • 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 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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  • South Haven, Michigan ) ) FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (?WSJM?), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each
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  • 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 violations for which forfeitures are
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-237857A1.html
  • 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 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
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  • and 13 of the FAA Circular Number 70/7460-1J. b. 47 C.F.R. 17.51(a): All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. The red obstruction lighting on the antenna structure was not functioning properly. One of the red obstruction lighting bulbs was extinguished while the other one was steady burning instead of flashing. c. 47 C.F.R. 17.47(a): The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-244173A1.html
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Western New York Public Broadcasting Association (``WNYPBA''), owner of Tower # 1033427. 2. On January 26, 2004 Resident Agent, Gene Stanbro, from the Buffalo Office visually inspected tower # 1033427 and with preliminary and subsequent investigation, observed the following violations: 2.a. 47 C.F.R. 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • 2004 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
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  • on the Antenna Structure Registration. Specifically, the license BMLED- 19961001KG for station WPGM specifies the coordinates of the antenna structure as 40-59- 16 N by 076-32-51 W and an overall height above ground of 73 meters. However, the Antenna Structure Registration specifies the coordinates as 40-59-14 N by 076-32-50 W and the overall height as 74.3 meters. 2.d. 47 C.F.R. 17.47(a)(1): ``The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
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  • By the 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.
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  • NOTICE 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
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  • Angeles 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
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  • 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." At the time of inspection, no Antenna Structure Registration Number was visible at the base of the structure. b. C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • foot of Culp Street near Domino Lane in Philadelphia, Pennsylvania, and observed the following violations: a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." On September 18, 2006 at 6:25 a.m., the agent observed that the top level red beacon on antenna structure 1035474 was extinguished. b. 47 C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270800A1.html
  • ASR # 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
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  • comply with the mandatory FAA lighting recommendations for the antenna structure, a violation of Section 17.23 of the Commission's Rules ("Rules"); and by failing to make 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, 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-272108A1.html
  • used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 6. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
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  • Pennsylvania and observed the following violations: a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." During the inspection, the agent observed that one of the two steady burning red obstruction lights was extinguished at both the two-thirds level and the one-third level of the antenna structure. b. 47 C.F.R. S 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
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  • # 1010654 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: June 12, 2007 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Omnicom Tower Limited ("Omnicom"), owner of antenna structure # 1010654, in Woodward County, Oklahoma, apparently willfully and repeatedly violated Sections 17.47 and 17.57 of the Commission's Rules ("Rules") by failing to observe the tower lights on a daily basis in a manner that would ensure proper operation of the lights and failing to update tower ownership information. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Omnicom is apparently liable for a forfeiture in
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-274421A1.html
  • structures 1062806, 1062807, and 1062808, in Oxnard, California, apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended ("Act"), by failing to make 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, a violation of Section 17.47(a) of the Commission's Rules ("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,
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  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make 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, 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-277834A1.html
  • ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 23, 2007 By the Resident Agent, 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 # 1010664, in Yabucoa, Puerto Rico, apparently willfully and repeatedly violated Sections 17.47(a)(1), 17.50, and 17.51(a) of the Commission's Rules ("Rules") by failing to monitor the antenna structure's lights, failing to paint its antenna structure to maintain good visibility, and failing to exhibit red obstruction lights 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-278796A1.html
  • and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to make observations 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, 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-279955A1.html
  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-281509A1.html
  • ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 8, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL ("Owner"), apparently willfully violated Section 17.47(g) of the Commission's Rules ("Rules") and willfully and repeatedly violated Section 17.50 of the Rules by failing to post Antenna Structure Registration ("ASR") numbers and failing to paint his antenna structures to maintain good visibility. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Owner is apparently liable for a forfeiture in the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-282169A1.html
  • "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." At the time of the inspection, the agent observed that no Antenna Structure Registration Number was displayed at the base of the tower or on the fence surrounding the antenna structure. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications, shall make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to make sure all lights are functioning as required."
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  • ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 30, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that BK Towers, LLC ("BK"), owner of antenna structure bearing registration number 1032514, Manter, Kansas ("Tower"), apparently willfully and repeatedly violated Section 17.47(a) of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that BK is apparently liable for a forfeiture
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  • Structure # 1247216 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 6, 2008 By the District Director, Tampa Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jacksonville MSA Limited Partnership ("Jacksonville"), owner of antenna structure # 1247216 in MacClenny Florida ("Tower"), apparently repeatedly violated Section 17.47(a)(1) of the Commission's Rules ("Rules") by failing to observe the Tower's lights or light indicator on a daily basis. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Jacksonville is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND 2. On February 25, 2008, in response to
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  • Clementine, MO ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 31, 2008 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ozark Media, Inc. ("OMI"), owner of antenna structure bearing registration number 1248505, Clementine, Missouri ("Tower") apparently repeatedly violated Section 17.47(a) of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that OMI is apparently liable for a forfeiture in the amount of two thousand dollars
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-286789A1.html
  • which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." See 47 C.F.R. 17.47 (owners of antenna structures which have been assigned lighting specifications are required to observe the structure's lights once every 24 hours to ensure proper functioning or install an automatic alarm system that notifies the owner when the lights are out). 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
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  • S: 312(f)(2), which also applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day." Section 17.47(a) of the Rules states that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications ... shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that
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  • apparently repeatedly violated Section 303(q) of the Communications Act of 1934, as amended, ("Act"), and Section 17.51(a) of the Commission's Rules ("Rules") by failing to exhibit the structure's red obstruction lighting from sunset to sunrise; and by failing to monitor the antenna structure's lights, using a properly 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290768A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Crown Communications, Inc., owner of antenna structure # 1064920 in Cypress, Texas. 2. On April 23, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1064920 located near Cypress, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290782A1.html
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to American Towers, Inc., owner of antenna structure # 1209005 in Chappell Hill, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1209005 located near Chappell Hill, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290783A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1044546 in Brenham, Texas. 2. On April 28, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1044546 located near Brenham, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290815A1.html
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to AAT Communications Corporation, owner of antenna structure # 1042162 in Houston, Texas. 2. On May 4, 2009, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1042162 located near Houston, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290816A1.html
  • rate of between 20 and 40 flashes per minute. It was observed that the top medium intensity strobe light was side mounted at the top of the structure in a manner that did not provide an unobstructed view. Also at night the red obstruction beacon was flashing at a rate of about 120 times per minute. b. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-292794A1.html
  • inspection, the agents observed that one of the three high intensity strobes was extinguished at the one-half level, that the high intensity lights on the antenna structure were not synchronized to flash simultaneously at 40 pulses per minute, and failed to switch from 200,000 candelas to 20,000 candelas, at twilight, and to 2,000 candelas at night. c. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-293822A1.html
  • the structure's red obstruction lighting from sunset to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration ("ASR"), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-294208A1.html
  • as used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 7. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-295044A1.html
  • APPARENT LIABILITY FOR FORFEITURE Released: December 2, 2009 By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Marconi Broadcasting Company LLC ("Marconi"), owner of antenna structure # 1232260 and licensee of AM radio station WHAT in Philadelphia, Pennsylvania, apparently willfully and repeatedly violated Section 17.47 of the Commission's Rules ("Rules") by failing to make observations of the antenna structure's lights at least once each 24 hours to ensure that all such lights are functioning properly. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Marconi is apparently liable for a forfeiture in the amount of two thousand dollars
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296092A1.html
  • to sunrise; by failing to maintain the antenna structure painting and lighting in accordance with their Antenna Structure Registration ("ASR"), a violation of Section 17.6(a) of the Rules; and by failing to monitor the antenna structure's lights, using a properly maintained indicator and/or automatic alarm system designed to 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
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296217A1.html
  • readily visible near the base of the antenna structure. On October 2 and 5, 2009, an agent with the Houston Office observed that the ASR number was not displayed in a location visible near the base of antenna structure number 1045666. 11. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296218A1.html
  • time the system was purchased by KFW in 2008 and the date of the inspection on October 5, 2009. KFW also admitted that, as of November 11, 2009, KFW still had not installed EAS equipment at the headend in Bloomington, Texas. 10. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296408A1.html
  • used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. 6. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Section 17.48 of the Rules requires that owners of registered antenna structures that have been assigned lighting specifications report immediately
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296848A1.html
  • issued pursuant to Section 1.89 of the Commission's Rules, to KNTO, Inc, registrant of antenna structure #1014641, located near Livingston, California. 2. On January 11, 2010 agents of the Commission's San Francisco Office inspected the antenna structure. On January 12, 2010, agents interviewed a representative of the structure owner KNTO, Inc., and observed the following violations: a. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-296849A1.html
  • one-third of the overall height of the tower, and the lights were to be displayed continuously or controlled by a light sensitive device). The lights as installed were dual lighting with a red flashing light for nighttime operation and a flashing medium intensity light for daytime operation. The lights were controlled with a light sensitive device. b. 47 C.F.R. S: 17.47(a)(2): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ... Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner." At the time of the inspection, the agents determined that
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-298101A1.html
  • in Jamestown, New York, and observed the following violations: 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." At the time of the inspection, no Antenna Structure Registration Number was displayed at the base of the tower. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part. . .shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-304356A1.html
  • on the top of the antenna structure and installed in a manner to ensure an unobstructed view of one or more lights by a pilot. On January 13, 2011, the Anchorage agent observed at approximately 9:00 a.m., local time, prior to sunrise, that one of the required top mounted red steady burning lights was not operating. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-309785A1.html
  • Notice of Violation ("Notice") issued pursuant to section 1.89 of the Commission's rules to Etan Industries, Inc., owner of antenna structure # 1051381 in Hallettsville, Texas. 2. On August 24, 2011, an agent of the Commission's Houston Office of the Enforcement Bureau observed antenna structure # 1051381 located in Hallettsville, Texas, and observed the following violation(s): a. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-312807A1.html
  • # 1202731 located at Ivans and Horner Streets, Philadelphia, Pennsylvania and observed the following violations: a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." During the inspection at 6:49 p.m. on January 31, 2012, the agent observed the antenna structure's top-level red obstruction lighting was extinguished. b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: Shall 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 failure of the lights to insure all lights are functioning
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-314808A1.html
  • Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules to Mid America Regional Council - Emergency Rescue, owner of antenna structure number 1230974 in Kansas City, Missouri. 2. On April 13, 2012, an agent of the Commission's Kansas City Office inspected antenna structure number 1230974 located at 8100 Ozark, Kansas City, Missouri, and observed the following violation(s): 47 C.F.R.S:17.47(a): The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all
• http://www.fcc.gov/eb/Orders/2001/da011584.doc http://www.fcc.gov/eb/Orders/2001/da011584.html
  • the Rules by failing to exhibit red obstruction lighting. USA Tower argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, and therefore, was not ``willful''. We disagree. The fact that a licensee's violation occurred through inadvertence does not prevent it from being willful. PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
• http://www.fcc.gov/eb/Orders/2001/da012036.doc http://www.fcc.gov/eb/Orders/2001/da012036.html
  • Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. �� 0.111, 0.311, 1.80(f)(4). 47 U.S.C. � 504(a). See 47 C.F.R. � 1.1914. Federal Communications Commission
• http://www.fcc.gov/eb/Orders/2001/da012280.html http://www.fcc.gov/eb/Orders/2001/da012280.pdf
  • within two days of receiving the NAL. III. DISCUSSION 3. Section 17.51(a) of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. When the red obstruction lighting on SpectraSite's tower was not exhibited at 8:30 p.m. on April 5, 2001, this was a violation of Section 17.51(a) of the Rules. 4. Section 17.47 of the Rules4 provides that owners of antenna structures which are registered with the Commission and which have been assigned lighting specifications shall make a visual observation every 24 hours of the antenna structure's lights, or observe an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly. Alternatively,
• http://www.fcc.gov/eb/Orders/2001/da012816.html http://www.fcc.gov/eb/Orders/2001/da012816.pdf
  • failure to become familiar with the FCC's requirements is considered a willful violation. See PBJ Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992); Standard Communications Corp., 1 FCC Rcd 358 (1986); Triad Broadcasting Co., Inc., 96 FCC 2d 1235, 1242 (1984). The violation in this case was willful because Bullseye should have known about the malfunctioning top beacon. Section 17.47(a) of the Rules requires tower owners to ensure that tower lights are functioning properly by making daily visual observation of the lights, by making daily visual observations of a properly maintained indicator designed to register any failure of such lights, or by properly maintaining an automatic alarm system designed to detect any failure of such lights and provide notification of
• http://www.fcc.gov/eb/Orders/2001/da01582.doc http://www.fcc.gov/eb/Orders/2001/da01582.html
  • $40,000 base amount ($10,000 for each lighting violation) to a cumulative total of $80,000 because of the seriousness and repeated nature of the violations. First, TeleCorp contends that mechanical failures prevented its automatic alarm systems from notifying it of the light outages and, as such, evidence no pattern or egregious misconduct or intentional conduct or lack of good faith. Section 17.47 of the Rule's requires owners of antenna structures registered with the FCC and subject to lighting specifications to inspect and properly maintain their automatic alarm systems. Specifically, the antenna structure owner (a)(1) Shall 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
• http://www.fcc.gov/eb/Orders/2002/DA-02-1091A1.html
  • Norfolk Office ascertained that the antenna structure, Antenna Structure Registration (``ASR'') Number 1028287, belonged to Tidewater. 4. On November 16, 2001, the Norfolk Office issued a Notice of Violation (``NOV'') to Tidewater. First, the NOV cited apparent violation of Section 17.51(a) of the Rules, which requires an owner to exhibit red obstruction lighting. Second, it cited apparent violation of Section 17.47(a) of the Rules, 3 which requires an owner to (1) observe antenna structure lights at least once every 24 hours either visually or by an automatic indicator of lighting failure, or (2) provide a properly maintained automatic alarm system indicating lighting failure. On November 30, 2001, Tidewater filed a response to the NOV. 5. On December 12, 2001, the Norfolk
• http://www.fcc.gov/eb/Orders/2002/DA-02-3174A1.html
  • 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. 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
• http://www.fcc.gov/eb/Orders/2002/DA-02-3405A1.html
  • 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 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
• http://www.fcc.gov/eb/Orders/2002/DA-02-935A1.html
  • properly exhibit red obstruction lights between sunset and sunrise. 10. Further, to the extent that lightning strikes may have caused subsequent malfunctions of the tower's lighting system and automatic alarm system after each repair, and thus, Florida Power did not receive alerts to timely repair the damage, we do not believe that this warrants mitigation of the forfeiture amount. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights.10 Alternatively,
• http://www.fcc.gov/eb/Orders/2002/DA-02-938A1.html
  • C.F.R. 17.4(g) and 17.57. 3 47 C.F.R. 17.21. 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,
• http://www.fcc.gov/eb/Orders/2002/FCC-02-124A1.html
  • 1999 WL 10060 (WTB rel. Jan. 13, 1999). In 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
• http://www.fcc.gov/eb/Orders/2002/FCC-02-125A1.html
  • Structures,'' 1999 WL 10060 (WTB rel. January 13, 1999). In 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 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. 12 AT&T Wireless Services, Inc., 16 FCC Rcd 814 (Enf. Bur. 2001), forfeiture ordered, 16 FCC Rcd 6805 (Enf. Bur. 2001). 13 See Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01-1314 (rel. May 31, 2001); Public Notice, Enforcement Bureau Field Offices List of Actions Taken, DA 01- 1644
• http://www.fcc.gov/eb/Orders/2002/FCC-02-213A1.html
  • NAL shall be sent by regular mail and Certified Mail Return Receipt 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
• http://www.fcc.gov/eb/Orders/2002/FCC-02-293A1.html
  • been aware of Bullseye's obligations under the lease agreement, Bullseye's other principals and Bullseye's engineer were aware that the lease agreement obligated Bullseye to monitor the tower lights. 16 It is not clear from the record whether Eure informed Bullseye when it sold the FM station in October 2000 that the dial-up device had to be reprogrammed. 17 47 C.F.R. 17.47. 18 47 C.F.R. 1.115(g). 19 47 U.S.C. 504(a). 20 See 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-293A1.doc
• http://www.fcc.gov/eb/Orders/2002/FCC-02-294A1.html
  • to the NAL, AT&T Wireless argues that it does not believe that it violated the tower lighting rules at the Center Township site and that the proposed forfeiture should therefore be cancelled. AT&T Wireless asserts that a conflict in the rules places antenna structure owners in a ``Catch-22'' situation because Section 17.51(b) requires continuous operation of obstruction lights, while Section 17.47(a) recognizes that lights will sometimes malfunction and therefore requires either daily observation of the lights or use of an automatic alarm system. In addition, AT&T Wireless asserts that it complied fully with the tower lighting requirements but could not prevent the brief light outage. Specifically, AT&T Wireless states that it installed an automatic alarm system, but this system did not
• http://www.fcc.gov/eb/Orders/2003/DA-03-168A1.html
  • 17, 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
• http://www.fcc.gov/eb/Orders/2003/DA-03-2780A1.html
  • taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations.'' 9 Calvary's actions before it was notified of the outage also do not warrant any ``good faith'' reduction. Calvary knew its automatic alarm system was malfunctioning but did not arrange for repairs until after the outage. Section 17.47(a)(1) of the Rules10 required daily visual checks of the tower lighting11 during the failure of the automatic alarm system. Calvary, however, made only weekly checks. 11. Calvary's assertion that payment of the proposed forfeiture amount would be a difficult financial burden also does not justify a reduction in the forfeiture amount. As explicitly stated in the NAL, we will not
• http://www.fcc.gov/eb/Orders/2003/DA-03-3180A1.html
  • 10, 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
• http://www.fcc.gov/eb/Orders/2003/DA-03-3276A1.html
  • we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800.00) to Max Media of Montana, LLC (``Max Media''), licensee of television Station KTGF, Great Falls, Montana, for willful and repeated violations of the antenna structure lighting and registration requirements of Section 303(q) of the Communications Act of 1934, as amended (the ``Act''),1 and Sections 17.21, 17.47(a)(2) and 17.57 of the Commission's Rules (``Rules'').2 2. On September 27, 2002, the Director of the Commission's Seattle, Washington District Office (``Seattle Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Max Media for a forfeiture in the amount of thirteen thousand dollars ($13,000.00).3 Max Media filed its response to the NAL on November 8, 2002, and supplemented
• http://www.fcc.gov/eb/Orders/2003/FCC-03-264A1.html
  • Employees or Fewer Manufacturers 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
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  • lighting be exhibited at night. PCI does not dispute that one or more beacons were inoperable or functioning improperly on the antenna structure from November 11-15, 2002 and on December 3, 2002. PCI argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, damage created by rodents, and therefore, was not ``willful.'' We disagree. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights.10 Alternatively,
• http://www.fcc.gov/eb/Orders/2004/DA-04-2260A1.html
  • into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.5 7. Section 17.51 of the Rules requires that all red obstruction lighting be exhibited from sunset to sunrise unless otherwise specified. Further, Section 17.47 of the Commission's Rules6 requires that the owner of a registered antenna structure observe the lights at least once each 24 hours either visually or by observing an automatic indicator; or alternatively provide and maintain an automatic alarm system designed to detect any failure of the lights and to notify the owner of the failure. Barnacle states its structure is
• http://www.fcc.gov/eb/Orders/2004/DA-04-2265A1.html
  • November 19, 2002, until December 4, 2002 when the FCC agent notified him. Business Cell argues, however, that the lighting outage was the result of a ``lightning strike that was unbelievable'' and implies that an ``act of God'' should be a mitigating fact warranting reduction or rescission of the forfeiture and that the violation was not willful. 11. 11. Section 17.47 of the Rules8 requires that the owner of an antenna structure observe the antenna structure's lights at least once every 24 hours, either visually or by observing an automatic properly maintained indicator designed to register any failure of the lights. Alternatively, the owner may use an automatic alarm system that is properly maintained and designed to detect any failure of
• http://www.fcc.gov/eb/Orders/2004/DA-04-2903A1.html
  • violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules;1 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1);2 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a);3 and 4) failure to exhibit red obstruction lighting from sunset to sunrise, in violation of Section 17.51(a).4 II. BACKGROUND 2. On September 23, 2002, the Commission's Detroit Office received information that the top flashing obstruction lights on each of two
• http://www.fcc.gov/eb/Orders/2004/DA-04-3107A1.html
  • system prior to the noted violation of Section 17.51 does not warrant a ``good faith'' reduction. Mediacom knew there was a delay in the delivery of the automated alarm system, yet no evidence is offered that Mediacom made any effort to monitor the lighting structure by any other means during the time when the alarm system was on order. Section 17.47 of the Rules requires that an owner of an antenna structure either observe the antenna structure's lights visually every 24 hours, or observe the lights through an automatic indicator every 24 hours; or alternatively, maintain an automated alarm system designed to detect any lighting outages and report that outage to the owner.9 Mediacom offered no evidence that Section 17.47 of
• http://www.fcc.gov/eb/Orders/2004/DA-04-3153A1.html
  • ) ) 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
• http://www.fcc.gov/eb/Orders/2004/DA-04-3559A1.html
  • light outage 2 or 3 days prior to the call. Mr. Baldwin, in his declaration denies making any such statement. 5 Tidewater Communications, Inc., 18 FCC Rcd 5524 (Enf. Bur. 2003). 6 47 U.S.C. 503(b). 7 47 C.F.R. 1.80. 8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 9 47 U.S.C. 503(b)(2)(D). 10 Pursuant to Section 17.47(a)(1) of the Rules, an owner is required to observe the antenna structure's lights at least once every 24 hours either visually or by observing a properly maintained automatic indicator that registers any failure of the lights; or, pursuant to Section 17.47(a)(2) of the Rules, an owner is required to provide a properly maintained automatic alarm system designed to detect any
• http://www.fcc.gov/eb/Orders/2004/DA-04-3819A1.html
  • Congress intended to apply this definition to Section 503 of the Act as well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting Co., supra. 12 47 C.F.R. 17.21(a). 13 The record does not reflect that WLTH was aware of the light outage pursuant to the tower owner responsibilities set out in Section 17.47(a) of the Rules, 47 C.F.R. 17.47(a), to detect such light failures. 14 WLTH's assertion that it notified the FAA of the outage on March 5, 2003, is clearly erroneous in light of the station engineer's statement on March 12, 2003, that he had not notified the FAA, and the FAA records which indicated that WLTH notified the FAA on March
• http://www.fcc.gov/eb/Orders/2005/DA-05-109A1.html
  • of 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
• http://www.fcc.gov/eb/Orders/2005/DA-05-1817A1.html
  • Western 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1091A1.html
  • Bureau: 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1720A1.html
  • on 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-2040A1.html
  • that "[a]pplying the two downward adjustment criteria to this case (good faith and history of overall compliance), we find sufficient reason to cancel Tidewater's $10,000 forfeiture." The Enforcement Bureau did not conclude that a violation had not occurred, and it did not cancel the Notice of Violation issued to TC on November 16, 2001 for violation of Sections 17.51(a) and 17.47(2) of the Rules. Accordingly, we conclude that TC is not entitled to a reduction of the forfeiture based on history of compliance with the Rules. 12. We have examined TC's response to the NAL pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that no reduction of
• http://www.fcc.gov/eb/Orders/2006/DA-06-204A1.html
  • as the reason for the light outage. 18. 19. 9. We do not find the reason given by Mr. Saunders to explain the light outage sufficient to warrant reconsideration of the Forfeiture Order in light of the complaint that the tower light was out for two years, and that our agent observed the outage on two consecutive days. Moreover, Section 17.47 of the Rules provides that the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: 20. 21. (a)(1) [s]hall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure
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  • 2006 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
• http://www.fcc.gov/eb/Orders/2007/DA-07-1478A1.html
  • 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 the Rules. 14. Based on the information before us, having examined it according to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we find that neither reduction nor cancellation of the proposed $10,000 forfeiture is warranted. IV. ORDERING CLAUSES 15. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934,
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  • take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. 7. Section 17.51(a) of the Rules requires that red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified. Section 17.47(a)(1) of the Rules requires the owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights. Alternatively, Section 17.47(a)(2) of the
• http://www.fcc.gov/eb/Orders/2007/DA-07-2442A1.html
  • recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. S 503(b)(2)(E). 47 U.S.C. S 303(q). 47 C.F.R. S 17.51. FCC Form 715, Paragraph 3. FCC Form 715, Paragraph 12. 47 C.F.R. S 17.56. See 47 C.F.R. S 17.48. See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon. denied, 18 FCC Rcd 25481 (2003). See 47 C.F.R. S 17.47. 47 U.S.C. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 17.51. 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 07-2442 1 4 Federal Communications Commission DA 07-2442 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2442A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2442A1.doc
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  • 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 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1605A1.html
  • 8, 2008 Released: July 10, 2008 By the Regional Director, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we cancel the proposed forfeiture in the amount of twelve thousand dollars ($12,000) issued to David Ryder, Receiver, owner of antenna structure numbers 1013175, 1249516, 1249517 and 1249521, in Melbourne, FL ("Owner") for the apparent willful violation of Section 17.47(g) of the Commission's Rules ("Rules") and the apparent willful and repeated violation of Section 17.50 of the Rules. The noted violations involved Owner's apparent failure to post Antenna Structure Registration ("ASR") numbers and failure to paint his antenna structures to maintain good visibility. III. DISCUSSION 2. On April 8, 2008, the Commission's Tampa Office of the Enforcement Bureau ("Tampa Office")
• http://www.fcc.gov/eb/Orders/2008/DA-08-2306A1.html
  • 2008 Released: October 20, 2008 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 one thousand six hundred dollars ($1,600) to BK Towers, LLC ("BK"), owner of antenna structure bearing registration number 1032514, Manter, Kansas ("Tower"), for willful and repeated violation of Section 17.47(a) of the Commission's Rules ("Rules"). The noted violation involves BK's failure to make observations of the antenna structure's lights at least once each 24 hours, either visually or by observing an automatic indicator designed to register any failure of such lights. II. BACKGROUND 2. On September 10, 2008, in response to a complaint of a tower light outage from the
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  • FORFEITURE ORDER Adopted: December 11, 2008 Released: December 15, 2008 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 two thousand dollars ($2,000) to Ozark Media, Inc. ("OMI"), owner of antenna structure bearing registration number 1248505, Clementine, Missouri, for repeated violation of Sections 17.47(a) of the Commission's Rules ("Rules"). The noted violation involves OMI's failure to make observations of the antenna structure's lights at least once each 24 hours to ensure the proper functioning of the structure lights. II. BACKGROUND 2. On October 9, 2008, in response to a complaint of a tower light outage, an agent from the Commission's Kansas City Office of
• http://www.fcc.gov/eb/Orders/2008/DA-08-2776A1.html
  • In 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-2776A2.html
  • Communications 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-368A1.html
  • ASR # 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-455A1.html
  • of this Consent Decree, the Estate has effected the repair of all tower obstruction lighting on Antenna Structure # 1059331 in Stephenson, Michigan. The tower lights are presently operating in compliance with the FAA requirements set forth in the tower's FCC Antenna Structure Registration. B. Monitoring of Tower Lighting: As part of his regular duties, and in compliance with Section 17.47(a) of the Commission's rules, and at the Estate's direction, the Programming Director at Station WMXG is checking the status of the tower lights twice daily, once during daylight hours, and once after sunset. This task will be retained as a management duty, and is not delegated to the Station's regular staff. The Programming Director accesses the tower lighting through an
• http://www.fcc.gov/eb/Orders/2008/DA-08-563A1.html
  • Relay 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-605A1.html
  • 2008 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 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
• http://www.fcc.gov/eb/Orders/2010/DA-10-2156A1.html
  • Adopted: November 8, 2010 Released: November 10, 2010 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Daniel D. Smith, licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules ("Rules") by failing to: (1) maintain operational emergency alert system ("EAS") equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file. We conclude that Mr. Smith
• http://www.fcc.gov/eb/Orders/2010/DA-10-90A1.html
  • requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. 8. Section 17.51(b) of the Rules requires that all medium intensity obstruction lighting be exhibited as specified. Section 17.47 of the Rules requires owners of antenna structures to observe structure lights visually once every 24 hours to ensure that all lights are functioning properly as required or employ an automatic alarm system designed to detect any failure in the lights. Antenna structure number 1048971 is required to display medium intensity obstruction lighting during both daytime and nighttime operation. On
• http://www.fcc.gov/eb/Orders/2010/FCC-10-28A1.html
  • 8-9, citing Liability of Mid-West Radio-Television, Inc., FCC 63-1024 (1963). Midwest Radio-Television was cited in Hubbard Broadcasting, Inc., a copy of which was attached to Primetime 24 Joint Venture v. Telcable Nacional, 1990 U.S. Dist. Lexis 20034 (1990). Although no separate forfeiture was assessed, we note that Tidewater's use of a manual light monitoring system does not comply with Section 17.47(a) of the Rules, which requires either daily visual observation of the antenna structure's lights or an automatic indicator designed to register light failure or installation of an automatic alarm system designed to detect light failure. See 47 C.F.R. S: 17.47(a). Instead, Tidewater consciously chose to use a noncompliant monitoring system that apparently contributed to the outage on subsequent days in
• http://www.fcc.gov/eb/Orders/2011/DA-11-1386A1.html
  • South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Miller Communications, LLC ("Miller Communications"), owner of antenna structure number 1018669 located in Red Hill, Georgia, for willful and repeated violation of section 303(q) of the Communications Act of 1934, as amended ("Act") and sections 17.47(a) and 17.51(a) of the Commission's rules ("Rules"). The noted violations involved Miller Communications's failure to monitor antenna structure lighting and failure to exhibit all red obstruction lighting from sunset to sunrise. 2. On April 12, 2011, the Enforcement Bureau's Atlanta Office ("Atlanta Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $12,000 to Miller Communications.
• http://www.fcc.gov/eb/Orders/2011/DA-11-1825A1.html
  • violator's gross revenues); Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it represented approximately 7.6 percent of the violator's gross revenues). See id. See 47 C.F.R. S: 17.47. See 47 C.F.R. S: 17.48. See 47 U.S.C. S: 303(q) (requiring the owner of a tower that ceases to be licensed by the Commission for the transmission of radio energy to maintain the prescribed painting and/or illumination of such tower until it is dismantled). 47 U.S.C. S:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 17.51(a). 47 U.S.C.
• http://www.fcc.gov/eb/Orders/2011/DA-11-1921A1.html
  • section 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
• http://www.fcc.gov/eb/Orders/2011/DA-11-263A1.html
  • 1. 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
• http://www.fcc.gov/eb/Orders/2011/DA-11-394A1.html
  • ORDER Adopted: February 28, 2011 Released: February 28, 2011 By the District Director, Kansas City Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find that KFW Communications LLC ("KFW"), owner of antenna structure number 1040289 ("Tower"), located in Caldwell, Kansas , apparently willfully and repeatedly violated section 17.47 of the Commission's rules ("Rules") by failing to observe the antenna structure's lights at least once each 24 hours. We conclude that KFW is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). Furthermore, we direct KFW to submit a statement certifying compliance with the Commission's tower lighting rules. II. BACKGROUND 2. On March 20, 2010,
• http://www.fcc.gov/eb/Orders/2011/DA-11-630A1.html
  • 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 Miller Communications, LLC ("Miller"), owner of antenna structure number 1018669 located in Red Hill, Georgia ("Tower"), apparently willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended ("Act") and sections 17.47(a) and 17.51(a) of the Commission's rules ("Rules") by failing to monitor antenna structure lighting and failing to exhibit all red obstruction lighting from sunset to sunrise. We conclude that Miller is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. On December 9, 2010, in response to a complaint that the lights on
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  • Adopted: April 14, 2011 Released: April 14, 2011 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to KFW Communications LLC ("KFW"), owner of antenna structure number 1040289 ("Tower"), located in Caldwell, Kansas , for willful and repeated violation of section 17.47 of the Commission's rules ("Rules"). The noted violations involved KFW's failure to observe its antenna structure's lights at least once each 24 hours. 2. On February 28, 2011, the Enforcement Bureau's Kansas City Office ("Kansas City Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of $6,000 to KFW. KFW has not filed a response to
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  • 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 eleven thousand five hundred dollars ($11,500) to Daniel D. Smith, licensee of Station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas ("Mr. Smith"), for willful and repeated violation of sections 11.35(a), 17.47, 17.50, and 73.3526 of the Commission's Rules ("Rules"). The noted violations involve Mr. Smith's failure to: (1) maintain operational emergency alert system ("EAS") equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a complete public inspection file.
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  • under this exception. See LOI Response at 1. See 47 U.S.C. S: 303(q). See 47 C.F.R. S: 17.51(a). See Antenna Structure Registration database for antenna structure number 1053693. See also 47 C.F.R. S: 17.21 (requiring antenna structures more than 60.96 meters in height to be painted and lighted). See LOI Response at 2. See id. See also 47 C.F.R. S: 17.47(a) (requiring owners of antenna structures that are required to be lighted 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). 47 C.F.R. S: 73.1560(b). KM Radio also had no means to monitor remotely its unattended AM
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  • in height to be painted and lighted). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80. 47 U.S.C. S: 503(b)(2)(E). See infra note 19. 47 C.F.R. S: 1.16. Section 17.47(a) of the Rules requires owners of antenna structures that are required to be lighted 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. 47 C.F.R. S: 17.47(a). Although Telava stated that the Antenna Structure's landowner was
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  • District Director, Chicago Office, Northeast Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Telava Wireless, Inc. (Telava), owner of antenna structure number 1050174 (the Antenna Structure) located in Fordsville, Kentucky, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act) and Sections 17.47 and 17.56(a) of the Commission's rules (Rules) by failing to make observations of the antenna structure lights at least once every 24 hours and to repair the unlit antenna structure lights as soon as practicable. We conclude that Telava is apparently liable for a forfeiture in the amount of seventeen thousand dollars ($17,000). In addition, we direct Telava to submit,
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  • entity is the registered owner of the Antenna Structures. III. APPLICABLE LAWS AND VIOLATIONS 5. Section 303(q) of the Act states that antenna structure owners shall maintain the painting and lighting of antenna structures as prescribed by the Commission. Section 17.51(a) of the Rules requires all red obstruction lighting to be exhibited from sunset to sunrise unless otherwise specified. Section 17.47 of the Rules requires antenna structure owners to observe antenna structure lights visually at least once every 24 hours to insure that all such lights are functioning as required. Section 17.48 of the Rules requires antenna structure owners to notify the FAA immediately of any known extinguishment of any top steady burning light or any flashing obstruction light, regardless of
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  • Houston Office, South Central Region, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that Martin Broadcasting, Inc. (Martin Broadcasting), owner of antenna structure number 1060813 (the Antenna Structure), located in Beaumont, Texas, apparently willfully and repeatedly violated Section 303(q) of the Communications Act of 1934, as amended (Act), and Sections 17.47(a) and 17.51(a) of the Commission's rules (Rules) by failing to exhibit red obstruction lighting from sunset until sunrise and to monitor the structure lighting on a daily basis. We conclude that Martin Broadcasting is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). In addition, we direct Martin Broadcasting to submit, no later than thirty (30)
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  • disagree with Crown's assertion that the circumstances surrounding the violation warrant a reduction in the forfeiture. To the extent that Crown faults the technician who incorrectly informed Crown's NOC that the tower's lighting had been restored, we note that daily observation of the Salinas tower would have alerted Crown to the fact that the tower's lighting was still out. Section 17.47(a)(1) of the Rules requires tower owners to ``make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights.'' It does not appear from the record before us that any daily observation of the Salinas tower occurred between April 28,
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  • Atlanta, GA. Tampa, FL District Office (4/17/02). * Crown Castle GT Company, LLC, Canonsburg, PA. Tampa, FL District Office (4/17/02). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Marcus Cable Partners, 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
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  • Posting of Antenna Structure Registration Number * Concilio Mision Cristiana 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
• http://www.fcc.gov/eb/Public_Notices/DA-02-1689A1.html
  • (6/18/02). * Millcreek Broadcasting, LLC, KUUU-FM1, KUDD(FM), KUUU(FM). $22,000 NAL. Other violation: 47 C.F.R. 74.1251 (Technical and Equipment Modifications). Denver, CO District Office (6/19/02). * Atlantic Beach Radio, Inc., WMIR(AM), Atlantic Beach, SC.. $12,000 NAL. Other violation: 47 C.F.R. 73.1745 (Unauthorized Operation). Atlanta, GA District Office (6/24/02). * KGGF-KUSN, Inc., Coffeyville, KS, Springfield, MO. $23,000 NAL. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting) and 73.49 (AM Transmission System Fencing Requirements). Kansas City, MO District Office (6/28/02). * 47 C.F.R. 11.52 EAS Code and Attention Monitoring Requirements * Faith Mountain Communications, Inc., WRRL, Rainelle, WV. $8,000 NAL. Columbia, MD District Office (6/19/02). * 47 C.F.R. 11.61 Tests of EAS Procedures *
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  • Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * FBS Wireless Corporation, Berwick, PA. $20,000 NAL. Other violations: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited) and 73.1590 (Equipment Performance Measurements). Philadelphia, PA District Office (8/12/02). * St Louis Mobile Systems, Belle, MO. $3,000 NAL. Kansas City, MO District Office (8/20/02). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * AAT Communications Corporation, Iselin, NJ. $2,000 NAL. Kansas City, MO District Office (8/13/02). * 47 C.F.R. 17.50 Cleaning and Repainting * Crown Castle GT Company, LLC, Canonsburg, PA. $10,000 NAL. Kansas City, MO District Office (8/27/02). * KN Telecommunications, Inc., Lakewood, CO. $10,000 NAL. Kansas City, MO District Office (8/27/02).
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  • set forth in the NAL. Communications Act * 47 U.S.C. 301 Unauthorized Operation * Nextel WIP License Corp., Eden Palehua Ridge, HI. $10,000 NAL. Honolulu, HI Resident Agent Office (9/30/02). * 47 U.S.C. 303(q) Antenna Structure Painting and Lighting * Max Media of Montana, LLC, Great Falls, MT. $13,000 NAL. Other violations: 47 C.F.R. 17.21 (Painting and Lighting, When Required), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) 17.57 (Report of Radio Transmitting Antenna Construction, Alteration, and/or Removal). Seattle, WA District Office (9/27/02). 47 C.F.R. Part 11 Emergency Alert System Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * American Family Association, KAUF, Tupelo, MS. $9,000 NAL. Other violations: 47 C.F.R. 73.3527 (Local Public Inspection File for Noncommercial Educational
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  • District, KAKX, Mendocino, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (1/30/02). * Jean J. Suh d/b/a Radio Hancock, Federal Way, WA (KSUH, Puyallup & KWYZ, Everett). Other violations: 47 C.F.R. 17.4(a) (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.50 (Cleaning and Repainting), 73.1590 (Equipment Performance Measurements), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Seattle, WA District Office (1/22/02). * 47 C.F.R. 11.52 EAS Code and Attention Signal Monitoring Requirements * Mega Communications, Silver Spring, MD. Other
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  • C.F.R. 11.61 (Tests of EAS Procedures). Tampa, FL District Office (2/28/02). * Public Radio, Inc., Holly Hill, FL. Tampa, FL District Office (2/28/02). * 47 C.F.R. 11.61 Tests of EAS Procedures * Charter Communications, Coos Bay, Oregon. Portland, OR Resident Agent Office (2/12/02). * Service Electric Cable, Allentown, PA. Other violations: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 76.1708 (Principal Headend), 76.1709 (Availability of Signals) and 76.1711 (Emergency Alert System (EAS) Tests and Activation). Philadelphia, PA District Office (2/14/02). * Urban Cableworks of Philadelphia, Philadelphia, PA. Philadelphia, PA District Office (2/14/02). * Capstar TX Limited Partnership, WKCY, Harrisonburg, VA. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District
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  • OF APPARENT LIABILITY 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.35 Equipment Operational Readiness * TV 45 Productions, Inc., KLHU-CA, Lake Havasu City, AZ. $8,000 NAL. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/13/02). 47 C.F.R. Part 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R.
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  • Pipeline Company, Syracuse, NY. $13,000 NAL. Other violation: 47 C.F.R. 17.50 (Cleaning and Repainting). Buffalo, NY Resident Agent Office (3/12/03). * 47 C.F.R. 17.23 Specifications 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,
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  • Office (5/25/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.11 (Emergency Alert System) TCI Atlantic, Inc., Maple Shade, NJ. Philadelphia, PA Office (5/16/00). 47 C.F.R. � 11.15 (EAS Operating Handbook) Clamor Broadcasting Network, Inc. (WJVP-FM), Culebra, Puerto Rico. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), and 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record). San Juan, PR Office (5/2/00). Church Point Ministries, Inc., Baton Rouge, LA. NOV also issued for violation of 47 C.F.R. �� 11.35 (Equipment Operational Readiness), 17.4 (Antenna Structure Registration), 17.47
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  • 11.35 (Equipment Operations Readiness) and 11.61 (Tests of EAS Procedures). Chicago, IL District Office (6/27/00). J & A, Inc., Hot Springs, AR. Other violations: 47 C.F.R. �� 11.35 (Equipment Operations Readiness) and 73.1820 (Station Log). New Orleans, LA District Office (6/28/00). 47 C.F.R. � 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. � 73.1870 (Chief
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  • (8/8/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). OmniAmerica Development, Tijeras, New Mexico. Denver, CO District Office (8/9/00). Walton County Board of County Commissioners, Defuniak Springs, FL Tampa, FL District Office (8/09/00). Hahn, Ned E. DBA=H Services. Anchorage, AK Resident Agent Office (8/10/00). Mortenson Broadcasting Co. of Texas, Inc., KGGR, Dallas, TX. Other violations: 47 C.F.R. �� 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) and 17.56 (Maintenance of Lighting Equipment), 73.1400 (Transmission System Monitoring and Control), 73.1570 (Modulation Levels: AM, FM, and TV aural), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870(Chief Operators). Dallas, TX District Office (8/15/00). Canandaigua Broadcasting, Canandaigua, New York. Buffalo, NY Resident Agent Office (8/16/00). MCI Telecommunications
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  • 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. � 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained
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  • Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR �� 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File For Noncommercial Broadcast Stations). Boston, MA District Office (10/10/00). Pollack Broadcasting Company, Cordova, TN. Other violations: 47 C.F.R. �� 11.52 (EAS Code and Attention Monitoring Requirements), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability to FCC of Station Logs and Records), 73.1350 (Transmission System Operation), 73.1840 (Retention of Logs), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (10/10/00). University of New Hampshire, WUNH, Durham, NH. Other violations: 47 CFR �� 11.61 (Tests for EAS
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  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
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  • City, MO Office (3/28/00). Southwest Management, Spencer, Oklahoma. NOV also issued for violation of 47 C.F.R. � 17.56. Dallas, TX Office (3/28/00). Warner LLC, Lincoln, NE. Kansas City, MO Office (3/28/00). AT&T Corporation, Plainview, NY. New York, NY Office (3/29/00). 47 C.F.R. � 17.22 (Specifications) New Jersey Transit Rail Operations, Hoboken, NJ. New York, NY Office (3/14/00). 47 C.F.R. � 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment) Universal Broadcasting of New York, Inc., WTHE(AM), Mineola, NY. NOV also issued for violation of 47 C.F.R. �� 73.1560, 73.1570, 73.1820, and 73.1870. New York, NY Office (3/8/00). Pinnacle Towers, Inc., Sarasota, FL. NOV also issued for violation of 47 C.F.R. � 17.48. New Orleans, LA Office (3/10/00). 47 C.F.R. �
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  • harmful interference). San Juan, PR Office (4/13/00). 47 C.F.R. Part 11 (Emergency Alert System (EAS) Rules) 47 C.F.R. � 11.15 (EAS Operating Handbook) M.J. Phillips Communications, Inc., Niagara Falls, NY. NOV also issued for violation of 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 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), and 73.3526 (Public Inspection File). Buffalo, NY Office (4/13/00). 47 C.F.R. � 11.35 (Equipment Operational Readiness) AT&T Cable Services, McHenry, IL. NOV also issued for violation of 47 C.F.R. ��
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  • Nextel Communications, McLean, VA. Honolulu, HI Resident Agent Office (3/13/01). 47 C.F.R. � 17.22 - Particular Specifications to be Used State of Alaska, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/7/01). Matanuska Kenai Inc. DBA = Cellular Connection, Palmer, Alaska. Anchorage, AK Resident Agent Office (3/8/01). Municipality of Anchorage, Anchorage, Alaska. Anchorage, AK Resident Agent Office (3/12/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment L B Tower Company, LLC, Cincinnati, OH. Other violation: 47 C.F.R. � 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Chicago, IL District Office (3/9/01). USA Tower Inc., Windsor, NC. Other violations: 47 C.F.R. �� 17.51 (Time When Lights Should Be Exhibited) and 17.57 (Report of Radio Transmitting Antenna
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  • Agent Office (12/20/00). Voice Stream Wireless, Portland, Oregon. Portland, OR Resident Agent Office (12/22/00). Bluebonnet Radio, Inc., Greenville, Texas. Dallas, TX District Office (12/27/00). 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).
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  • EAS Procedures), 73.54 (Antenna Resistance and Reactance Measurements), 73.1230 (Posting of Station License), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). Chicago, IL District Office (4/13/01). Beacon Broadcasting Inc., WGRP(AM), Greenville, Pennsylvania. Other violations: 47 C.F.R. �� 17.4(g) (Posting of Antenna Structure Registration Number), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Removal), 73.49 (AM Transmission System Fencing Requirements), 73.1350 (Transmission System Operation), 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 (4/23/01). Four Him Enterprises, L.L.C., Potosi, MO. Other
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  • Inc., Sarasota, FL. Chicago, IL District Office (5/1/01). Radio Disney, Fort Washington, PA, (WWJZ, Mount Holly NJ). Other violations: 47 C.F.R. �� 73.62 (Directional Antenna System Tolerances), 73.1125 (Station Main Studio Location) and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (5/7/01). American Tower Limited Partnership, Schaumburg, IL. Chicago, IL District Office (5/9/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Metropolitan Radio Group, Inc., Flower Mound, TX. Other violations: 47 C.F.R. � 73.1820 (Station Log) and 73.1870 (Chief Operator). Tampa, FL District Office (5/14/01). 47 C.F.R. � 17.48 - Notification of Extinguishment or Improper Functioning of Lights Missouri Pacific Railroad, Pacific, Missouri. Kansas City, MO District Court (5/1/01). Qwest Corporation,
• http://www.fcc.gov/eb/Public_Notices/da011756.doc http://www.fcc.gov/eb/Public_Notices/da011756.html
  • (Posting of Station License), 73.1800 (General Requirements Related to the 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:
• http://www.fcc.gov/eb/Public_Notices/da012031.doc http://www.fcc.gov/eb/Public_Notices/da012031.html
  • 73.1400 (Transmission System Monitoring and Equipment) and 73.1800 (General Requirements Related to the Station Log). Chicago, IL District Office (7/13/01). MAPA Broadcasting, L.L.C., WSLA(AM), Slidell, 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
• http://www.fcc.gov/eb/Public_Notices/da012273.html http://www.fcc.gov/eb/Public_Notices/da012273.pdf
  • Inc. d.b.a. Charter Communications, Cedartown, GA. Other violations: 47 C.F.R. 73.1820 (Station Log). Atlanta, GA District Office (8/7/01). * Clark Broadcasting Corp., KKBN, Sonora, CA. Other violation: 47 C.F.R. 73.1820 (Station Log). San Francisco, CA District Office (8/16/01). * Bullie Broadcasting Corporation, WBAW, Barnwell, SC. Other violations: 47 C.F.R 17.4(g) (Posting of Antenna Structure Registration Number), 17.50 (Cleaning and Repainting), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1560 (Operating Power and Mode Tolerances), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (8/17/01). * Tri-County Broadcasting, Inc., WWBD-FM, Bamberg, SC. Other violation: 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta,
• http://www.fcc.gov/eb/Public_Notices/da012540.html http://www.fcc.gov/eb/Public_Notices/da012540.pdf
  • 11.52 (EAS Code and Attention Signal Monitoring Requirements). Kansas City, 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),
• http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
  • Cinnaminson, NJ. Philadelphia, PA District Office (11/30/01). * 47 C.F.R. 17.23 Specifications for Painting and Lighting of Antenna Structures * Crown Communications, Canonsburg, PA. Philadelphia, PA District Office (11/16/01). * AT&T Wireless Services, Inc., Bluffdale, UT (ASR #1039565). Other violation: 47 C.F.R. 17.48 ( Notification of Extinguishment or Improper Functioning of Lights). Denver, CO District Office (11/19/01). * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Tidewater Communications, Inc., Windsor, VA. Other violation: 47 C.F.R. 17.51 (Time When Lights Should Be Exhibited). Norfolk, VA Resident Agent Office (11/16/01). * Pinnacle Towers, Inc., Windham, NH. Other violation: 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Boston, MA District Office (11/28/01). * 47 C.F.R. 17.48
• http://www.fcc.gov/eb/Public_Notices/da01541.doc http://www.fcc.gov/eb/Public_Notices/da01541.html
  • Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/8/01). Woodhaven Investment Trust Inc., Philadelphia, PA. Philadelphia, PA District Office (1/8/01). American Tower LP, Boston, MA. Philadelphia, PA District Office (1/16/01). Clear Channel Communications, Pittsburgh, PA. Other violation: 47 C.F.R. � 17.57 (Report of Radio Transmitting Antenna Construction, Alteration and/or Renewal). Philadelphia, PA District Office (1/16/01). 47 C.F.R. � 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment WPRV-TV Inc., (WKVM_AM), San Juan, PR. Other violations: 47 C.F.R. �� 73.1350 (Transmission System Operation), 73.1800 (General Requirements Related to the Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (1/9/01). WPRV-TV Inc., (WORO-FM), San Juan, PR. Other violation: 47 C.F.R. � 73.1870 (Chief Operator). San Juan,
• 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
  • - - These changes will allow the FAA and the FCC to quickly identify the antenna structure in question, and for the FCC to contact the owner to resolve any light outage or malfunction that cannot be corrected within 15 days. Selected Antenna Structure Lighting Requirements (From Part 17 of the Commission's rules, 47 C.F.R. Part 17) 47 C.F.R. � 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or be observing an automatic properly maintained, indicator designed to register
• http://www.fcc.gov/fcc-bin/audio/DA-04-1600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-1600A1.pdf
  • lighting be exhibited at night. PCI does not dispute that one or more beacons were inoperable or functioning improperly on the antenna structure from November 11-15, 2002 and on December 3, 2002. PCI argues, however, that the lighting outage was the result of an unexpected and unforeseeable event, damage created by rodents, and therefore, was not ``willful.'' We disagree. Section 17.47 of the Rules requires antenna structure owners registered with the Commission and subject to lighting specifications to make an observation of the antenna structure's lights at least once every 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure the proper functioning of the antenna structure's lights. Alternatively,
• http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1366A1.pdf
  • Forfeiture 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
• 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
  • automated but non-continuous tower monitoring. Apparently, some automated light monitoring systems currently in use can indicate a malfunction, but manual observation is often needed to identify which light is out. There was some discussion as to who should be notified in the event of a light failure - the licensee, the FAA or both - but no consensus emerged. Section 17.47 requires that a licensee with an antenna tower check the lights once a day, either directly or via a monitor, or use an automatic alarm system to signal any light failures. The Commission believes that this rule adequately addresses the operation of automatic tower light monitoring systems and that no addition to or amendment of it is necessary in the