Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Capstar Radio Operating Company ) File No. EB-FIELDWR-14-00013004 Owner of Antenna Structure ASR #1006185 ) ) NOV No. V201432780012 Anchorage, Alaska ) NOTICE OF VIOLATION Released: January 08, 2014 By the Resident Agent, Anchorage Resident Agent 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 Capstar Radio Operating Company, registrant of antenna structure #1006185 in Anchorage, Alaska. Pursuant to Section 1.89(a) of the Commission’s 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 noted herein.2 2. On January 3, 2014, at approximately 8:05 a.m., an agent of the Enforcement Bureau’s Anchorage Resident Agent Office inspected antenna structure #1006185 located at 2800 E. Dowling Road in Anchorage, Alaska, 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.” At the time of inspection, only the bottom bulb of an L-864 obstruction light flashed red as required. The top bulb was non- flashing/non-functional. 3. 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, Capstar Radio Operating Company, 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 be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.4 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. §403. 4 47 C.F.R. § 1.89(c). Federal Communications Commission 2 4. In accordance with Section 1.16 of the Rules, we direct Capstar Radio Operating Company to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Capstar Radio Operating Company with personal knowledge of the representations provided in Capstar Radio Operating Company’s 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 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: Federal Communications Commission Anchorage Resident Agent Office P.O. Box 231949 Anchorage, Alaska 99523-1949 6. This Notice shall be sent to Capstar Radio Operating Company at its address of record. 7. 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 Marlene Windel Resident Agent Anchorage Resident Agent Office Western Region Enforcement Bureau 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. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).