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Major Market Stations, Inc., Corona, CA

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Released: November 21, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Major Market Stations, Inc. ) File No. EB-FIELDWR-13-00011748
Antenna Structure Owner
)

NOV No. V201432940006
Corona, California
)

NOTICE OF VIOLATION

Released:

November 21, 2013
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to Major Market Stations, Inc. (Major Market) owner of antenna structure
identified as “Tower 5,”2 which is one tower of a five tower antenna array for AM radio station KWRM,
in Corona, California. Pursuant to Section 1.89(a) of the 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 violations noted herein.3
2.
On July 30, 2013, and November 13, 2013, an agent of the Enforcement Bureau’s San
Diego Office inspected the above Tower 5 located in Corona, California, behind the main studio of Major
Market’s AM radio station KWRM and observed the following violations:
a. 47 C.F.R. § 17.7: “A notification to the Federal Aviation Administration is
required, except as set forth in § 17.14, for any of the following construction or
alteration: (a) Any construction or alteration of more than 60.96 meters (200 feet)
height above ground level at its site.” A notification to the FAA could not be
found after a search of the FAA’s database. Also, Major Market’s letter dated
September 30, 2013, stated that the physical height of Tower 5 is 62.79 meters in
height, requiring notice to the FAA, and that the station does not have any record
of notification of the FAA regarding this tower.


1 47 C.F.R. § 1.89.
2 The San Diego Office issued a Letter of Inquiry (LOI) to Major Market Stations, Inc., on August 22, 2013, asking the current
height of each of the five towers and if the towers were greater than 60.96 meters had the FAA been notified. The San Diego
office received a reply from Major Market dated September 30, 2013, that each of the five towers was greater than 60.96 meters
and that Major Market did not have a record of the FAA being notified about the towers, and that Major Market would proceed to
notify the FAA and register the towers with the FCC. The reply designated the towers in the antenna array as “Tower 1”, “Tower
2”, “Tower 3”, “Tower 4”, and “Tower 5”. This Notice adopts those designations.
3 47 C.F.R. § 1.89(a).

Federal Communications Commission

b. 47 C.F.R. § 17.4(a):” Effective July 1, 1996, the owner of any proposed or existing
antenna structure that requires notice of proposed construction to the FAA must register
the structure with the Commission. This includes those structures used as part of stations
licensed by the Commission for the transmission of radio energy … .” At the time of
inspection, Tower 5 was not registered.
c. 47 C.F.R. § 17.50: “Antenna structures requiring painting under this part shall be cleaned
or repainted as often as necessary to maintain good visibility.” The antenna structure was
required to be painted and at the time of the inspection, the agent observed that the paint
was partially faded on Tower 5.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section
1.89 of the Rules, we seek additional information concerning the violation and any remedial actions
taken. Therefore, Major Market must submit a written statement concerning this matter within twenty
(20) days of release of this Notice. The response (i) must fully explain the violation, including all
relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken
to correct the violations 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.5
4.
In accordance with Section 1.16 of the Rules, we direct Major Market support the
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by a
licensee representative with personal knowledge of the representations provided in the response, verifying
the truth and accuracy of the information therein,6 and confirming that all of the information requested by
this Notice which is in the registrant’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.7
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:


4 47 U.S.C. § 403.
5 47 C.F.R. § 1.89(c).
6 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.
7 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

Federal Communications Commission
San Diego Office
4542 Ruffner St., # 370
San Diego, CA 92111
6.
This Notice shall be sent Major Market Stations, Inc., at the address of record.
7.
The Privacy Act of 19748 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
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau


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

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