**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-07-OR-002        |
|                                  |   |                                 |
| Pittman Broadcasting Services,   | ) | NAL/Acct. No. 200732620002      |
| L.L.C.                           |   |                                 |
|                                  | ) | FRN 0009020538                  |
| Licensee of Station KVOL-AM      |   |                                 |
|                                  | ) |                                 |
| Lafayette, LA                    |   |                                 |
|                                  | ) |                                 |
| ASR No. 1025872                  |   |                                 |
|                                  | ) |                                 |
| Facility ID No. 9415             |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: November 13, 2023

By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Pittman Broadcasting Services, L.L.C. ("Pittman"),
    licensee of station KVOL-AM, in Lafayette, LA and owner of antenna
    structure #1025872, apparently repeatedly violated Sections 17.51(a)
    and 73.1745 of the Commission\'s Rules ("Rules")[^1] by failing to
    exhibit the structure's red obstruction lighting from sunset to
    sunrise and by operating overpower during nighttime hours. We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Pittman is apparently liable for
    a forfeiture in the amount of fourteen thousand dollars (\$14,000).

# BACKGROUND

2.  Pittman is the registered owner of antenna structure #1025872. The
    Antenna Structure Registration ("ASR") specifies that the structure
    must be painted and lit.

3.  On January 17 and 18, 2007, agents from the Commission's New Orleans
    Office of the Enforcement Bureau ("New Orleans Office") observed
    antenna structure #1025872 after sunset with a top beacon
    extinguished. The agents confirmed that no Notice to Airmen
    ("NOTAM") regarding the lighting outage had been issued.[^3]

4.  On January 17, 2007, agents from the New Orleans Office monitored
    station KVOL-AM's signal and noted the transmitter power increase
    approximately 12 dB at 6:05 PM CST.[^4] On January 18, 2007, the
    agents again monitored the station and observed the same increase in
    transmitter power at approximately 6:02 PM CST.

5.  On January 19, 2007, agents from the New Orleans Office inspected
    the main studio of station KVOL-AM. The station's Chief Engineer was
    unaware that the top beacon on the antenna structure was
    extinguished. After the agents so informed him, he contacted the
    FAA. Although the station had installed an automatic alarm system,
    the Chief Engineer explained his ignorance of the outage by
    surmising that either the person responsible for reading the system
    did not know how to read it or the system was broken. After checking
    the station transmitter, the Chief Engineer stated that the
    transmitter was programmed incorrectly and was mistaking AM for PM.
    He stated that the transmitter's uninterruptible power supply was
    not functioning, which may have prevented the unit from remembering
    the correct time. Accordingly, the station was incorrectly
    programmed to transmit overpower at night with daytime power. The
    Chief Engineer stated neither he nor station staff were aware of
    this, prior to the inspection.

# DISCUSSION

6.  Section 503(b) of the Act provides that any person who repeatedly
    fails to comply substantially with the terms and conditions of any
    license, or repeatedly fails to comply with any of the provisions of
    the Act or of any rule, regulation or order issued by the Commission
    thereunder, shall be liable for a forfeiture penalty. The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^5]

7.  Section 17.51(a) states that all red obstruction lighting shall be
    exhibited from sunset to sunrise unless otherwise specified.[^6] On
    January 17 and 18, 2007, agents from the New Orleans Office observed
    that the top red beacon on antenna structure #1025872 was
    extinguished after sunset. Despite having an automatic alarm system,
    Pittman staff was unaware that the light was extinguished prior to
    the inspection on January 19, 2007. Pittman did not notify the FAA
    of the lighting outage until January 19, 2007.[^7]

8.  Section 73.1745 of the Rules states that no broadcast station shall
    operate at times, or with modes of power, other than those specified
    and made a part of the license.[^8] Station KVOL-AM is authorized to
    operate at 5,000 watts during the day and 1,000 watts at night. On
    January 17 and 18, 2007, agents from the New Orleans Office observed
    station KVOL-AM's transmitting power increase at approximately 6 PM
    CST. On January 19, 2007, the station's Chief Engineer confirmed
    that the station's transmitter had been programmed incorrectly and
    was operating with daytime power at night.

9.  Based on the evidence before us, we find that Pittman apparently
    repeatedly violated Sections 17.51(a) and 73.1745 of the Rules by
    failing to exhibit red obstruction lighting from sunset to sunrise
    and exceeding authorized nighttime power.

10. Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* (\"*Forfeiture Policy Statement*\"), and Section 1.80
    of the Rules, the base forfeiture amount for violation of the
    prescribed lighting for antenna structures is \$10,000.[^9] The base
    forfeiture amount for exceeding power limits is \$4,000.[^10] In
    assessing the monetary forfeiture amount, we must also take into
    account the statutory factors set forth in Section 503(b)(2)(E) of
    the Act, which include the nature, circumstances, extent, and
    gravity of the violations, and with respect to the violator, the
    degree of culpability, and history of prior offenses, ability to
    pay, and other such matters as justice may require.[^11] Applying
    the *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Pittman is apparently
    liable for a (\$14,000) forfeiture.

# ORDERING CLAUSES

11. Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Pittman
    Broadcasting Services, L.L.C., is hereby **NOTIFIED** of this
    **APPARENT LIABILITY FOR A FORFEITURE** in the amount of fourteen
    thousand dollars (\$14,000) for violations of Sections 17.51(a) and
    73.1745 of the Rules.[^12]

12. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Pittman Broadcasting
    Services, L.L.C. **SHALL PAY** the full amount of the proposed
    forfeiture or **SHALL FILE** a written statement seeking reduction
    or cancellation of the proposed forfeiture.

13. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Acct. No. and FRN No.
    referenced above. Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.  Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

14. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, New Orleans
    Office, 2424 Edenborn, Suite 460, Metairie, LA 70001 and must
    include the NAL/Acct. No. referenced in the caption.

15. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the petitioner
    submits: (1) federal tax returns for the most recent three-year
    period; (2) financial statements prepared according to generally
    accepted accounting practices ("GAAP"); or (3) some other reliable
    and objective documentation that accurately reflects the
    petitioner's current financial status. Any claim of inability to pay
    must specifically identify the basis for the claim by reference to
    the financial documentation submitted.

16. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 445 12th
    Street, S.W., Room 1A625, Washington, D.C. 20554.[^13]

17. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Pittman Broadcasting
    Services, L.L.C., at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Leroy Hall

District Director

New Orleans Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. §§ 17.51(a) and 73.1745.

[^2]: 47 U.S.C. § 503(b).

[^3]: The agents contacted the Federal Aviation Administration ("FAA")
    on January 17, 2007 about the outage, but the FAA would not issue a
    NOTAM at that time, because the agents were not the owner of the
    structure.

[^4]: Local sunset on this date was 5:30 PM.

[^5]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that "\[t\]he term \'repeated\',
    when used with reference to the commission or omission of any act,
    means the commission or omission of such act more than once or, if
    such commission or omission is continuous, for more than one day."

[^6]: 47 C.F.R. § 17.51(a).

[^7]: Section 17.48 of the Rules requires tower owners to notify the
    nearest Flight Service Station or office of the FAA immediately of a
    lighting outage that requires more than 30 minutes to correct. 47
    C.F.R. § 17.48.

[^8]: 47 C.F.R. § 73.1745.

[^9]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^10]: 12 FCC Rcd 17087 (1997), *recon. Denied,* 15 FCC Rcd 303 (1999):
    47 C.F.R. §1.80.

[^11]: 47 U.S.C. § 503(b)(2)(E).

[^12]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    17.51(a), 73.1745.

[^13]: ^8^ *See* 47 C.F.R. § 1.1914.