Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

J & J Mortgages, LLP

Download Options

Released: July 24, 2014
image01-00.jpg612x792

Federal Communications Commission

DA 14-1037

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

J & J Mortgages, LLP

)

File No.: EB-FIELDWR-14-00013655

Owner of Antenna Structure No. 1007824

)

Citation No.: C201432940002

)

Rincon, NM

)

CITATION AND ORDER

Antenna Structure Lighting and Registration

Adopted: July 23, 2014

Released: July 24, 2014

By the District Director, San Diego 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 J & J

Mortgages, LLP (J & J Mortgages), owner of antenna structure number 1007824 (Antenna Structure)

located in Rincon, New Mexico. Specifically, J & J Mortgages is being cited for failing to:

(1) observe

the required Antenna Structure lighting at least once each 24 hours visually or use an automatic indicator

or alarm system to detect a lighting failure; (2) have all obstruction lighting on the Antenna Structure

functioning; and (3) notify the Commission immediately upon any change in ownership of the Antenna

Structure; in violation of Sections 17.47(a), 17.51(b), and 17.57 of the Commission’s rules (Rules),

respectively.2

2.

Notice of Duty to Comply With Laws: J & J Mortgages should take immediate steps to

come into compliance, and to avoid any recurrence of the misconduct, including either visually observing

the Antenna Structure once every 24 hours or using an automatic indicator or alarm system to detect a

lighting failure; correcting any Antenna Structure obstruction lighting failure; and changing the ownership

of the Antenna Structure in the Commission’s antenna structure registration (ASR) database. J & J

Mortgages is hereby on notice that if it subsequently engages in any conduct of the type described in this

Citation, including any violation of Sections 17.47(a), 17.51(b), or 17.57 of the Rules, it may be subject to

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 J & J Mortgages 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 C.F.R. §§ 17.47(a), 17.51(b), 17.57.

image02-00.jpg612x792

Federal Communications Commission

DA 14-1037

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.3

3.

Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of the Communications

Act,4 we also direct J & J Mortgages 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 or planned to correct the violations and preclude recurrence of the violations, and also a

timeline for completion of any correction action(s).

II.

BACKGROUND

4.

On January 22, 2014, the Commission’s San Diego Office received a complaint that the

Antenna Structure did not have any obstruction lighting that was functioning during the daytime and that

the structure was not painted. A review of the Commission’s ASR database found that the Antenna

Structure was required to comply with FCC Paragraphs B, D, and H, specifically, the Antenna Structure

must have high intensity obstruction lighting operating continuously, as required by Sections 17.21(a) and

17.51(b) of the Commission’s Rules (Rules),5 with three or more high intensity light units at the top of the

structure, and have three or more high intensity light units at two-thirds and at one-third of the structure’s

height. On the same date, it was determined that the Commission’s ASR database listed Rio Grande

Christian Broadcasting as the owner of the Antenna Structure, but that J & J Mortgages was the current

owner of the Antenna Structure. Also, J & J Mortgages was contacted on the same date and notified of

the complaint that the daytime antenna structure lighting was not functioning properly.

5.

On February 13, 2014, a Letter of Inquiry (LOI) was issued to J & J Mortgages regarding

the Antenna Structure.6 In its LOI Response, J & J Mortgages stated that it has been the owner of the

Antenna Structure since 1999, that all the lighting would be repaired by the end of March, and that a

monitoring device for the structure lighting was being installed. 7 J & J Mortgages also stated that it was

not aware of how often the Antenna Structure lighting was checked to insure that it was functioning

properly, and that it was unable to change the Antenna Structure’s owner listed in the Commission’s ASR

database to J & J Mortgages due to a computer error.8

6.

On February 25, 2014, an agent from the San Diego office observed during the daytime

that only one of three lights was functioning at the top of the Antenna Structure and only one of three

3 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).

4 47 U.S.C. §§ 154(i), 154(j), 403.

5 47 C.F.R. §§ 17.21(a), 17.51(a).

6 See Edgar Miles, Letter of Inquiry (Feb 13, 2014) (on file in EB-FIELDWR-14-00013655) (LOI). Mr. Miles is a

principal of J & J Mortgages.

7 Response of J & J Mortgages, LP, to San Diego Office at 1 (Apr. 7, 2014) (on file in EB-FIELDWR-14-00013655)

(LOI Response). J & J Mortgages also stated that it notified the Federal Aviation Administration (FAA), pursuant to

Section 17.48 of the Rules, 47 C.F.R. § 17.48, of the light outage. We remind J&J Mortgages that as the Antenna

Structure owner, it must report immediately by telephone or telegraph to the nearest Flight Service Station or office

of the FAA any observed or otherwise known extinguishment or improper functioning of any top steady burning

light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30

minutes.

8 LOI Response at 1–2.

2

image03-00.jpg612x792

Federal Communications Commission

DA 14-1037

lights was functioning at two-thirds of the Antenna Structure height. No strobe lights were observed

functioning at one-third of the Antenna Structure height.

III.

APPLICABLE LAW AND VIOLATIONS

7.

Section 17.47(a) of the Rules requires that the lighting on an antenna structure must be

observed at least once every 24 hours either visually or by using an automatic indicator or alarm system

that will detect any light outages and notify the owner of any such light outage.9 Section 17.51(b) of the

Rules requires that all high intensity and medium intensity lighting shall be exhibited continuously.10

Section 17.57 of the Rules requires the owner of an antenna structure to immediately notify the

Commission upon any change in ownership information either using FCC Form 854 or by using the

Commission’s ASR online system.11

8.

The record in this case shows that J & J Mortgages stated in its LOI Response that they

had not been observing the Antenna Structure lighting at least once every 24 hours either visually or by

using an automatic indicator or alarm system that would detect any failure of such lights to insure that all

such lights are functioning properly as required. On February 25, 2014, a San Diego Office agent

observed during the daytime that only one of three lights was functioning at the top of the Antenna

Structure, that only one of three lights was functioning at two-thirds of the Antenna Structure height,

ground, and that no lights were working at one-third of the Antenna Structure height. Also, J & J

Mortgages stated in its LOI Response that they had not updated the Commission’s ASR database to

indicate that it is the owner of the Antenna Structure, and as of the date of this Citation and Order, the

structure is still registered with the Commission under the name of the previous owner of the structure.

Based on the foregoing evidence, we find that J & J Mortgages violated Sections 17.47(a), 17.51(b), and

17.57 of the Rules.12

IV.

REQUEST FOR INFORMATION

9.

Pursuant to Sections 4(i), 4(j), and 403 of the Act,13 J & J Mortgages 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 J & J Mortgages to

additional sanctions.

i.

Provide the plan for repairing the required lighting. Include a time-frame for

such repairs.

ii.

Provide the plan observing the antenna structure lighting at least once every 24

hours either visually or by using an automatic indicator or alarm system that will

notify J & J Mortgages of a light outage on the Antenna Structure. If J & J

Mortgages is using an automatic means to monitor the antenna structure lighting,

provide detailed information on how a lighting outage will be detected and how J

9 47 C.F.R. § 17.47(a)

10 47 C.F.R. § 17.51(b)

11 47 C.F.R. § 17.57.

12 47 C.F.R. §§ 17.47 (a), 17.51(b), 17.57.

13 47 U.S.C. §§ 154(i), 154(j), 403.

3

image04-00.jpg612x792

Federal Communications Commission

DA 14-1037

& J Mortgages will be notified of the outage. Include a time-frame for when an

automatic monitoring system will be installed.

iii.

Provide the plan for updating the ownership information of the Antenna Structure

in the Commission’s ASR database either by filing FCC Form 854 or using the

ASR online system. Include a copy of the completed FCC Form 854 or a copy of

your online filing in J & J Mortgages’ response.

V.

RESPONDING TO THIS CITATION

10.

In addition to the required written information described in paragraphs 3 and 9, above, J

& J Mortgages 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.

If J & J Mortgages would like to arrange a teleconference or personal interview, please

contact James T. Lyon at (858) 496-5111. Such teleconference or interview must take place within thirty

(30) calendar days of the date of this Citation. If J & J Mortgages would like to submit a written

response, including any supporting documentation, J & J Mortgages must send the response within thirty

(30) calendar days of the date of this Citation to the contact and address provided in paragraph 12, below.

12.

All written communications, including the information requested in paragraphs 3 and 9,

above, should be provided to the address below.

Federal Communications Commission

San Diego District Office

4542 Ruffner Street, Suite 370

San Diego, California 92111

Re: EB-FIELDWR-14-00013655

13.

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).

14.

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

4

image05-00.jpg612x792

Federal Communications Commission

DA 14-1037

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.14

15.

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.

16.

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.15

17.

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

18.

If, after receipt of this Citation, J & J Mortgages again violates Sections 17.47(a),

17.51(b), or 17.57 of the Rules by engaging in conduct of the type described herein, the Commission may

impose monetary forfeitures not to exceed $15,000 for each such violation or each day of a continuing

violation, and up to $122,500 for any single act or failure to act.16

Further, as discussed above, such

forfeitures may be based on both the conduct that led to the Citation and the conduct following it.17 In

addition, violations of the Act or the Rules also can result in seizure of equipment through in rem

forfeiture actions,18 as well as criminal sanctions, including imprisonment.19

VII.

ORDERING CLAUSES

19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the Communications

Act, J & J Mortgages must provide the written information requested in paragraphs 3 and 9, above. The

response to the request for information must be provided in writing, signed under penalty of perjury by an

authorized official at J & J Mortgages 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.

14 47 C.F.R. § 1.17.

15 47 U.S.C. § 503.

16 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.

17 See supra para. 2.

18 See 47 U.S.C. § 510.

19 See 47 U.S.C. §§ 401, 501.

5

image06-00.jpg612x792

Federal Communications Commission

DA 14-1037

20.

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 J & J Mortgages, El Paso,

Texas.

FEDERAL COMMUNICATIONS COMMISSION

James T. Lyon

District Director

San Diego Office

Western Region

Enforcement Bureau

6

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.