Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Charisma Communications Group ) File No.: EB-FIELDSCR-13-00007049 ) NOV No.: V201332620008 Owner of Antenna Structure Number 1043840 ) Artesia, MS ) NOTICE OF VIOLATION Released: March 5, 2013 By the Deputy Regional Director, New Orleans Office, South Central 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 Charisma Communications Group, owner of Antenna Structure Number 1043840 in Artesia, MS. 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 violation(s) noted herein.2 2. On February 21, 2013, agents of the Enforcement Bureau’s New Orleans Office inspected antenna structure 1043840 in Artesia, MS and observed the following violation: a. 47 C.F.R. § 17.51(a): “All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.” According to the FCC antenna structure registration, the tower exceeds 200 feet in height above ground and requires painting and lighting as specified in FCC Form 715, paragraphs 1,3,12, and 21. At the time of inspection after sunset, agents observed the top beacon and side lights were extinguished. 3. On February 22, 2013, agents of the Enforcement Bureau’s New Orleans Office inspected antenna structure 1043840 in Artesia, MS and observed the following violation: b. 47 C.F.R. § 17.48(a): “The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part shall report immediately by telephone or telegraph to the nearest Flight Service Station or office of the Federal Aviation Administration (FAA) any observed or otherwise known extinguishment or 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 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 ….” After observing the tower had no lights the previous night, the agents also called the FAA to check if a Notice to Airmen (NOTAM) had been issued and found that no one had notified the FAA of the outage. Agents subsequently notified the FAA of the outage and a NOTAM for the structure was issued. 4. Pursuant to Section 403 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, Charisma Communications Group 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 also specify when and how Charisma Communications Group first became aware of the lighting outage. The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.4 5. In accordance with Section 1.16 of the Rules, we direct Charisma Communications Group to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Charisma Communications Group with personal knowledge of the representations provided in Charisma Communications Group 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 6. 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: 3 47 U.S.C. § 403. 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. Federal Communications Commission 3 Federal Communications Commission New Orleans Office Room 460, 2424 Edenborn Ave. Metairie, LA 70001 7. This Notice shall be sent to Charisma Communications Group at its address of record. 8. 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 Loyd Perry Deputy Regional Director New Orleans District Office South Central Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).