Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Media Broadcasting Co Inc. ) File No. EB-FIELDNER-15-00019978 Antenna Structure Registrant ) ASR #1004502 ) NOV No. V20153260005 ) Fall River, Massachusetts ) NOTICE OF VIOLATION Released: October 26, 2015 By the District Director, Boston Office, Northeast 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 Media Broadcasting Co Inc. (MBC), registrant of antenna structure 1004502 in Fall River, Massachusetts. 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 noted herein.2 2. On September 24, 2015, an agent of the Enforcement Bureau’s Boston Office inspected antenna structure 1004502 located behind the business building at 1658 President Ave in Fall River, Massachusetts, and observed the following violation: 47 C.F.R. § 17.21 (a) “Antenna structures shall be painted and lighted when they exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.” At the time of inspection, on the night of September 24, 2015, agent observed no top red flashing beacon on the antenna structure number 1004502. The agent contacted MBC on September 25, 2015 and informed of the red beacon out observed on September 24, at approximately 8 PM. On September 30, after notifying MBC, the agent checked again and found that MBC did not file NOTAM. 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 violation and any remedial actions taken. Therefore, MBC 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 violation and preclude recurrence, and (iii) must include a time line for completion of any 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. §403. Federal Communications Commission 2 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 4. In accordance with Section 1.16 of the Rules, we direct MBC to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of MBC with personal knowledge of the representations provided in MBC’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 Boston Office 1 Batterymarch Park Quincy, Massachusetts 02169 6. This Notice shall be sent to Media Broadcasting Co Inc. 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 Dennis Loria District Director Boston Office Northeast Region Enforcement Bureau 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. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).