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Fat Dawgs 7 Broadcasting LLC, Fresno, CA

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Released: August 15, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Fat Dawgs 7 Broadcasting LLC
)
Antenna Structure Registrant
)
ASR # 1036641
) File No.EB-FIELDWR-13-00007245
Fresno, CA
)
)
) NOV No. V201332960021
)
)

NOTICE OF VIOLATION

Released: August 15, 2013

By the District Director, San Francisco Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission's Rules,1 to Fat Dawgs 7 Broadcasting LLC, registrant of Antenna Structure # 1036641 in
Clovis, California. Pursuant to Section 1.89(a) of the Commission's Rules, issuance of this Notice does
not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of
Apparent Liability for Forfeiture for the violation(s) noted herein.2
2.
On March 1, 2013, an agent of the Enforcement Bureau's San Francisco Office inspected
Antenna Structure # 1036641, located at Clovis, California, and observed the following violation:
a.
47 C.F.R. 17.48 "The owner of any antenna structure which is registered
with the Commission and has been assigned lighting specifications
referenced in this part: (a) Shall report immediately by telephone or telegraph
to the nearest Flight Service Station or office of the Federal Aviation
Administration any observed or otherwise known extinguishment or
improper functioning of any top steady burning light or any flashing
obstruction light, regardless of its position on the antenna structure, not
corrected within 30 minutes." The San Francisco agent called the Federal
Aviation Administration (FAA) and reported the tower light outage. A
current NOTAM was not in effect. The registrant, Fat Dawgs 7 Broadcasting
LLC had failed to notify the FAA of the tower light outage.


1 47 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).

Federal Communications Commission


b.
47 C.F.R. 17.51(a): "All red obstruction lighting shall be exhibited from
sunset to sunrise unless otherwise specified." During the inspection
conducted at night on March 1, 2013, the agent observed that the top red
obstruction lighting was extinguished on the antenna structure.
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Fat Dawgs 7 Broadcasting LLC must submit a written statement concerning
this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the
specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time
line for completion of any pending corrective action(s). The response must be complete in itself and must
not be abbreviated by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Rules, we direct Fat Dawgs 7 Broadcasting LLC
to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Fat Dawgs 7 Broadcasting LLC with personal knowledge of the
representations provided in Fat Dawgs 7 Broadcasting LLC 's response, verifying the truth and accuracy
of the information therein,5 and confirming that all of the information requested by this Notice which is in
the licensee's possession, custody, control, or knowledge has been produced. To knowingly and willfully
make any false statement or conceal any material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.6
5.
All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
6.
This Notice shall be sent to Fat Dawgs 7 Broadcasting LLC at the address of record.


3 47 U.S.C. 308(b).
4 47 C.F.R. 1.89(c).
5 Section 1.16 of the Rules provides that "[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : `I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'."
47 C.F.R. 1.16.
6 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
David K. Hartshorn
District Director
San Francisco Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
3

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