Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Casa Media Partners, LLC ) ) Owner of Antenna Structure Number 1034337 ) File No.: EB-FIELDWR-15-00019974 ) Prosser, Washington ) NOV No.: V201632980001 ) ) NOTICE OF VIOLATION Released: October 15, 2015 By the Acting District Director, Seattle 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 Casa Media Partners, LLC, owner of Antenna Structure Number (ASR) 1034337 in Prosser, Washington. 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 August 26, 2015, an agent of the Enforcement Bureau’s Seattle Office received a report that the tower lights were not lit at nighttime, on ASR 1034337, located in Prosser, Washington, and confirmed the following violations with the Executive Vice President of Casa Media Partners: a. 47 C.F.R. §17.23: “Unless otherwise specified by the Commission, each new or altered antenna structure must conform to the FAA's painting and lighting specifications set forth in the FAA's final determination of “no hazard” and the associated FAA study for that particular structure. For purposes of this part, any specifications, standards, and general requirements set forth by the FAA in the structure's determination of “no hazard” and the associated FAA study are mandatory. Additionally, each 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 other specifications provided by the Commission.” The agent observed that the required top beacon and side lights on the structure were extinguished more than 30 minutes after sunset. b. 47 C.F.R. § 17.48: “The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall report immediately to the FAA, by means acceptable to the FAA, any observed or otherwise known extinguishment or 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 …” Because the tower had no lights lit on the night of August 26, 2015, the agent 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. The agent subsequently notified the FAA of the outage and a NOTAM for the structure was issued. c. 47 C.F.R. § 17.47: “The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure’s lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or alternatively, (2) Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner…” Visual observations of this tower were not routinely made, nor was there a working automatic alarm reporting system in operation at the time of the outage. 3. Pursuant to Section 308(b) 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, Casa Media Partners, LLC, 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 4. In accordance with Section 1.16 of the Rules, we direct Casa Media Partners, LLC, to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Casa Media Partners, LLC, with personal knowledge of the representations provided in Casa Media Partners, LLC response, verifying the truth and accuracy of the 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). Federal Communications Commission 3 information therein, 5 and confirming that all of the information requested by this Notice which is in the owner’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 Seattle Office 11410 NE 122 nd Way, Suite 312 Kirkland, Washington 98034 6. This Notice shall be sent to Casa Media Partners, LLC, at its address of record. 7. The Privacy Act of 1974 7 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 Leo Cirbo Acting District Director Seattle 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). Federal Communications Commission 4