Federal Communications Commission	DA 26-535



Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of 
 
Benjamin Stratemeyer,
Licensee of WIBV-FM,

and Sun Industries, Inc. 
and Samuel Stratemeyer
Reputed Owner(s) of Antenna Structure 1028168 
 
Grand Prairie, Illinois The Antenna Structure Registry (ASR) database errantly lists the Structure’s location as the township of Irvington, Illinois; the Structure is physically located in the adjacent eastern township of Grand Prairie, Illinois.

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File No.: EB-FIELDNER-23-00035463


	
NOTICE OF VIOLATION

Released: May 29, 2026  

By the Regional Director, Region One, Enforcement Bureau:

1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules 47 CFR § 1.89.
 to Benjamin Stratemeyer, licensee of WIBV-FM (Station), and to Sun Industries, Inc. (Sun) and Samuel Stratemeyer.  Sun is the reputed owner of antenna structure number 1028168 (Structure) located in Grand Prairie, Illinois, and Samuel Stratemeyer is listed as Sun’s President, Secretary and sole Director. The Structure’s present ownership is unclear.  The ASR database currently lists the owner as “Sun Industries, Inc., Attn: Samuel Stratemeyer.”  State of Illinois corporate records indicate Sun Industries, Inc. was dissolved in April 2024 (https://apps.ilsos.gov/businessentitysearch/), and the disposition of the corporation’s assets—presumably including the Structure—is undetermined; as President and sole Director of Sun, Samuel Stratemeyer has the closest connection to the corporation.  Benjamin Stratemeyer is the designated ASR contact for Sun Industries, Inc., and has admitted to filing Notices to Airmen with the Federal Aviation Administration over multiple years to alert pilots to the unlit Structure.  It is also unclear whether there have been any intervening transactions involving the Structure for which the Commission should have received notice.  Based upon this information, EB believes that Structure ownership lies with one or more of the reputed Structure Owners named in this Notice’s caption.   
  The Station has broadcast from the Structure at all relevant times to this Notice.  Pursuant to Section 1.89(a) of the Commission’s rules, issuance of this Notice does not preclude the Enforcement Bureau (EB) from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violations noted herein. 47 CFR § 1.89(a).  


2. On January 27 and 28, 2025, an Agent of EB’s Chicago Office inspected the Structure, located at 498 East Brink Rd., Grand Prairie, Illinois, and observed the following violations by the Structure’s owner:

a. 47 CFR § 17.23: “[E]ach antenna structure must be painted and lighted in accordance with any painting and lighting requirements prescribed on the antenna structure's registration, or in accordance with any other specifications provided by the Commission.”  The FCC’s Antenna Structure Registration (ASR) database currently indicates that the Structure owner must light the Structure under chapters 4, 6, and 13 of FAA Advisory Circular Number 70/7460-1J which, among other provisions, requires medium intensity flashing white (L-865) obstruction lights at the top level and mid-level of the antenna structure, operating during daytime and nighttime. Antenna Structure 1028168, Federal Communications Commission Antenna Structure Registration Database, https://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=128552 (citing FAA Advisory Circular Number 70/7460-1J).
  During the inspection, the Agent observed that the Structure was not equipped with the required white obstruction lighting. While the Structure was equipped with red beacons at its top and midpoint levels, and red side lamps at its ¾ and ¼ levels, this lighting does not conform to the requirements in FAA Advisory Circular 70/7460-1J .  Moreover, the Agent observed that all lights on the Structure were extinguished at nighttime (i.e., after sunset) except for the red side lamps at the ¼ level.
  

b. 47 C.F.R. § 17.57: “The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 5 days of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).  The owner must also notify the Commission within 5 days of any change in structure height or change in ownership information (FCC Form 854).”  On June 27, 2025, Benjamin Stratemeyer admitted to an Agent that the Structure’s ownership had changed several years prior, and the ownership information on file with the Commission at that time was out of date.  The Structure owner allowed this out of date information to remain on file and failed to notify the Commission of a change in ownership information for the Structure until March 2026. The Structure’s ownership information was changed via an application to the Commission filed on March 26, 2026 (https://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=128552).


3. The agent also observed the following violation by Benjamin Stratemeyer, the current licensee of WIBV-FM, Facility ID No. 15485, which is licensed to operate from the Structure. WIBV-FM, Facility ID:15485, Federal Communications Commission, Licensing and Management System, https://enterpriseefiling.fcc.gov/dataentry/‌public/tv/publicFacilityDetails.html?facilityId=15485 (last visited Apr. 27, 2026).



a.	47 CFR § 17.6: “[I]f a licensee or permittee authorized on an antenna structure is aware that the structure is not being maintained in accordance with the specifications set forth on the Antenna Structure Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question whether the antenna structure owner is carrying out its responsibility under this part, the licensee or permittee must take immediate steps to ensure that the antenna structure is brought into compliance and remains in compliance.”  In September 2023, Benjamin Stratemeyer acknowledged to Agents that the Structure lighting was not in compliance; this non-compliance continued through at least June 27, 2025, when Stratemeyer advised an Agent that he was still attempting to retain a contractor to make the necessary repairs.  As a licensee on the Structure, Benjamin Stratemeyer was aware for over twenty-one months that the Structure lighting was not being maintained in accordance with the requirements of 47 CFR part 17, and failed to take immediate steps to ensure the Structure was brought into compliance.  

4. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 308(b); 47 CFR § 1.89.
 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken.  Therefore, the Structure Owners must submit a written statement concerning these matters 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. 47 CFR § 1.89(c).
  

5. In accordance with Section 1.16 of the Rules, we direct the Structure Owners to support their response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by authorized persons/corporate officers with personal knowledge of the representations provided in the Structure Owners’ response, verifying the truth and accuracy of the information therein, 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.
 and confirming that all of the information requested by this Notice which is in the Structure Owners’ 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. 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
  

6. All replies and documentation sent in response to this Notice should be marked with the File Number specified above, and mailed/e-mailed to the following addresses:

Federal Communications Commission
Office of Regional Director
EB Region One Regional Office
9050 Junction Drive
Annapolis Junction, Maryland 20701

E-mail: Field@fcc.gov

This Notice shall be sent to: (1) Benjamin Stratemeyer, 2235 East McCord Street, P.O. Box 1626, Centralia, Illinois 62960; (2) Samuel Stratemeyer, 2235 East McCord Street, P.O. Box 1626, Centralia, Illinois 62960; and (3) Sun Industries, Inc., Attn: Samuel Stratemeyer, 2235 East McCord Street, P.O. Box 1626, Centralia, Illinois 62960.

7. The Privacy Act of 1974 5 U.S.C. § 552a(e)(3).

 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 C. Dombrowski
Regional Director
Region One
Enforcement Bureau
Federal Communications Commission