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Big Munga Development, LLC

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Released: December 6, 2013

Federal Communications Commission

DA 13-2307

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)


Big Munga Development, LLC
)
File No.: EB-FIELDWR-13-00011784
Antenna Structure Owner
)

)
Citation No.: C201432900002
Los Angeles, California
)

CITATION AND ORDER

Antenna Structure Lighting and Registration

Adopted: December 5, 2013

Released: December 6, 2013

By the District Director, Los Angeles Office, Western Region, Enforcement Bureau:

I.

INTRODUCTION

1.
This is an official

CITATION AND ORDER

(Citation) issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended (Communications Act or Act),1 to Big Munga
Development, LLC (Big Munga Development), owner of the antenna structure (Antenna Structure)
located at 1206 Maple Avenue in Los Angeles, California. Specifically, Big Munga Development is
being cited for failing to: (1) register with the Federal Communications Commission (Commission) an
antenna structure that requires notice to the Federal Aviation Administration (FAA); (2) notify the FAA
of an antenna structure that exceeds 200 feet in height above ground level; (3) paint and light an antenna
structure that exceeds 200 feet in height above ground level; and (4) notify the FAA of any known
extinguishment of any top steady burning light or any flashing obstruction light, regardless of its position,
not corrected within 30 minutes, in violation of Section 303(q) of the Act,2 and Sections 17.4(a), 17.7(a),
17.21(a), and 17.48 of the Commission’s rules (Rules).3
2.
Notice of Duty to Comply With Laws: Big Munga Development should take immediate
steps to come into compliance with the Rules, and to avoid any recurrence of the misconduct, including
registering the Antenna Structure with the Commission, notifying the FAA of this Antenna Structure’s
construction to obtain the required FAA study of necessary painting and/or lighting for the Antenna
Structure to ensure the structure does not continue to pose a hazard to air navigation, ensuring prompt


1 47 U.S.C. § 503(b)(5). Section 503(b)(5) of the Act provides that a Citation is not required in the case of
violations of Section 303(q) of the Act, 47 U.S.C. § 303(q), if the person/entity involved is a nonlicensee tower
owner who has previously received notice of the obligations imposed by Section 303(q) from the Commission or the
permittee or licensee who uses that tower. In this case, however, we are providing a Citation to Big Munga
Development because such notice may not have been previously provided. See North Chapel Investments, Citation
and Order, 27 FCC Rcd 4813 (Enf. Bur. 2012) (citation issued to nonlicensee antenna structure owner which may
not have had notice of its obligations concerning its antenna structures).
2 47 U.S.C. § 303(q).
3 47 C.F.R. §§ 17.4(a), 17.7(a), 17.21(a), 17.48.

Federal Communications Commission

DA 13-2307

proper painting and lighting of this Antenna Structure, and notifying the FAA of this Antenna Structure
being an air navigation hazard until the tower is properly lit and painted. Big Munga Development is
hereby on notice that if it subsequently engages in any conduct of the type described in this Citation,
including any violation of Section 303(q) of the Act, or Sections 17.4(a), 17.7(a), 17.21(a), or 17.48 of the
Rules, it may be subject to civil and criminal penalties, including but not limited to substantial monetary
fines (forfeitures). Such forfeitures may be based on both the conduct that led to this Citation and the
conduct following it.4
3.
Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act,5 we also direct Big Munga Development to respond in writing, within thirty (30) calendar days after
the release date of this Citation, and signed under penalty of perjury, with descriptions of the specific
action(s) taken to preclude recurrence of the violations, and also a timeline for completion of any
correction action(s).

II.

BACKGROUND

4.
On August 22, 2013, an agent of the Enforcement Bureau’s Los Angeles Office (Los
Angeles Office) observed a radio antenna mounted atop the Antenna Structure constructed on top of the
office building at 1206 Maple Avenue in downtown Los Angeles, California. Subsequent inspection
from the roof of the building revealed that the antenna structure plus the building height exceeded 270
feet above ground level. The agent further observed that the Antenna Structure did not have painting or
obstruction lighting. Finding that the antenna structure was not registered with the Commission, and that
no notice to airmen (NOTAM) had been issued for the Antenna Structure, the Los Angeles Office agent
asked the FAA to issue a NOTAM for the structure, and has continued to renew the NOTAM.6 Although
the Antenna Structure is apparently not being presently used for radio transmissions, Commission records
show this structure has been used at one time for licensed radio operations.7

III.

APPLICABLE LAW 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.8 Section 17.4(a) of the Rules
mandates that an antenna structure that requires notice to the FAA must be registered with the
Commission.9 Section 17.7(a) of the Rules specifies that notification to the FAA is required for an
antenna structure that exceeds 200 feet in height above ground level.10 Section 17.21(a) of the Rules


4 See 47 U.S.C § 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (If a person or entity that
has been issued a citation by the Commission thereafter engages in the conduct for which the citation of violation
was sent, the subsequent notice of apparent liability “would attach not only for the conduct occurring subsequently
but also for the conduct for which the citation was originally sent
.”) (emphasis added).
5 47 U.S.C. §§ 154(i), 154(j), 403.
6 NOTAMs alert aircraft pilots of potential hazards, including antenna structure light outages, which could affect
flight safety.
7 See Common Carrier Fixed Point to Point Microwave License, WPRW876 (cancelled). Although the structure is
no longer being used for the transmission of radio energy, Big Munga Development is required to maintain the
painting and lighting requirements assigned to the structure until the structure is dismantled. See 47 U.S.C. §
303(q).
8 47 U.S.C. § 303(q).
9 47 C.F.R. § 17.4(a).
10 47 C.F.R. § 17.7(a).
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Federal Communications Commission

DA 13-2307

requires that an antenna structure that is over 200 feet in height above ground level must have painting
and lighting.11 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 its position, not corrected within 30 minutes.12
6. The record in this case shows that, on August 22, 2013, a Los Angeles Office agent observed
the Antenna Structure and determined that it exceeded 200 feet in height above ground level and did not
have appropriate painting and lighting. Subsequent investigation revealed that no notification to the FAA
had apparently occurred and consequently no air safety study had been conducted or issued for the
Antenna Structure, nor had the structure been registered with the Commission. In addition, a NOTAM
was not on file with the FAA for the structure. Based on the foregoing evidence, we find that Big Munga
Development violated Section 303(q) of the Act, and Sections 17.4(a), 17.7(a), 17.21(a) and 17.48 of the
Rules.13

IV.

REQUEST FOR INFORMATION

7.
Pursuant to Sections 4(i), 4(j), and 403 of the Act,14 Big Munga Development is directed
to confirm in writing that it has taken the necessary measures and made the corrections to ensure that it
does not continue to violate the rules discussed above, and provide the information requested below
within thirty (30) calendar days after the release date of this Citation. A failure to respond in writing, or
the provision of an inadequate, incomplete, or misleading response, may subject Big Munga Development
to additional sanctions.
i.
Provide the record of FAA notification and FCC antenna structure registration.
ii.
Provide the plan for installing a lighting system for the Antenna Structure and for
painting the Antenna Structure. Include a time-frame for such installation and
painting.
iii.
Provide the plan for requesting an FAA NOTAM on a timely basis (to ensure air
navigation safety) until the tower is lit and painted. Include a time-frame for
such requests.
If it is believed that painting and lighting of the Antenna Structure is not required, provide a copy
of the FAA Determination of No Aeronautical Hazard with those specifications.

V.

RESPONDING TO THIS CITATION

8.
In addition to the required written information described in paragraphs 3 and 7, above,
Big Munga Development may, if it so chooses, respond to this Citation—challenging the factual and legal
findings herein—within thirty (30) calendar days from the release date of this Citation either through (1) a
written statement, (2) a teleconference interview, or (3) a personal interview at the Commission Field
Office nearest to your place of business.


11 47 C.F.R. § 17.21(a).
12 47 C.F.R. § 17.48.
13 47 U.S.C. § 303(q); 47 C.F.R. §§ 17.4(a), 17.7(a), 17.21(a), 17.48.
14 47 U.S.C. §§ 154(i), 154(j), 403.
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Federal Communications Commission

DA 13-2307

9.
If you would like to arrange a teleconference or personal interview, please contact
Charles A. Cooper at (562) 860-7474. The nearest Commission Field Office is located in Cerritos,
California. Such teleconference or interview must take place within thirty (30) calendar days of the date
of this Citation. If you would like to submit a written response, including any supporting documentation,
you must send the response within thirty (30) calendar days of the date of this Citation to the contact and
address provided in paragraph 10, below.
10.
All written communications, including the information requested in paragraphs 3 and 7,
above, should be provided to the address below.
Federal Communications Commission
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, California 90703

Re: EB-FIELDWR-13-00011784

11.
Reasonable accommodations for people with disabilities are available upon request.
Include a description of the accommodation you will need, and include as much detail as you can. Also
include a way we can contact you if we need more information. Please allow at least five (5) business
days advance notice; last minute requests will be accepted, but may be impossible to fill. Send an e-mail
to fcc504@fcc.gov or call the FCC’s Consumer & Governmental Affairs Bureau:

For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);

For accessible format materials (braille, large print, electronic files, and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
12.
Please be advised that it is a violation of Section 1.17 of the Rules (47 C.F.R. § 1.17) for
any person or a staff member of that person to make any false or misleading written or oral statement of
fact. Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information that is
necessary to prevent any material factual statement that is made from being
incorrect or misleading; and
(2) In any written statement of fact, provide material factual information that is
incorrect or omit material information that is necessary to prevent any material
factual statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is correct
and not misleading.15
13.
Further, the knowing and willful making of any false statement, or the concealment of
any material fact, in reply to this Citation is punishable by fine or imprisonment under 18 U.S.C. § 1001.


15 47 C.F.R. § 1.17.
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Federal Communications Commission

DA 13-2307

14.
If you violate Section 1.17 of the Rules or the criminal statute referenced above, you may
be subject to further legal action, including monetary fines pursuant to Section 503 of the Act.16
15.
Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing you that the
Commission’s staff will use all relevant material information before it, including information that you
disclose in your interview or written statement, to determine what, if any, enforcement action is required
to ensure your compliance with the Act and the Rules.

VI.

FUTURE VIOLATIONS

16.
If, after receipt of this Citation, Big Munga Development again violates Section 303(q) of
the Act, or Sections 17.4(a), 17.7(a), 17.21(a), or 17.48 of the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures not to exceed $16,000 for each such
violation or each day of a continuing violation, and up to $122,500 for any single act or failure to act.17
Further, as discussed above, such forfeitures may be based on both the conduct that led to the Citation and
the conduct following it.18 In addition, violations of the Act or the Rules also can result in seizure of
equipment through in rem forfeiture actions,19 as well as criminal sanctions, including imprisonment.20

VI.

ORDERING CLAUSES

17.

IT IS ORDERED

that, pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act, Big Munga Development must provide the written information requested in paragraphs 3 and 7,
above. The response to the request for information must be provided in writing, signed under penalty of
perjury by an authorized official at Big Munga Development with personal knowledge of the information
and representations provided in the written response, and must be received by the FCC within thirty (30)
calendar days after the release date of this Citation and Order.
18.

IT IS FURTHER ORDERED

that a copy of this Citation and Order shall be sent both
by First Class U.S. Mail and Certified Mail, Return Receipt Requested, to Big Munga Development,
LLC, at 860 S. Los Angeles St., #9th Floor, Los Angeles, CA 90014-3311.

FEDERAL COMMUNICATIONS COMMISSION

Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau


16 47 U.S.C. § 503.
17 See 47 U.S.C. §§ 401, 501, 503; 47 C.F.R. § 1.80(b)(7). This amount is subject to further adjustment for inflation
(see 47 C.F.R. § 1.80(b)(9)), and the forfeiture amount applicable to any violation will be determined based on the
statutory amount designated at the time of the violation.
18 See supra para. 2.
19 See 47 U.S.C. § 510.
20 See 47 U.S.C. §§ 401, 501.
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