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Major Market Stations, Inc., Corona, CA

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Released: November 21, 2013
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Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Major Market Stations, Inc. ) File No. EB-FIELDWR-13-00010235

Antenna Structure Owner

)

NOV No. V201432940002

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 1,”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 1 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 1 is 63.08 meters in

height, requiring notification to the FAA, and that the station does not have any

record of notification to 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, stating that each of the five towers was greater than 60.96

meters, 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).

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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 1 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 1.

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

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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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