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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of South Dakota ) File No. EB-08-DV-0374

   Registrant of Antenna Structure )

   ASR # 1041090 ) NOV No. V200932800003

   Bowdle, South Dakota )

                              NOTICE OF VIOLATION

   Released: November 7, 2008

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to the State of South Dakota,
       registrant of antenna structure #1041090 in Bowdle, South Dakota.

    2. On October 6, 2008, an agent from the Enforcement Bureau's Denver
       Office inspected antenna structure #1041090, located in Bowdle, South
       Dakota, and observed the following violation:

   a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
   part shall be cleaned or repainted as often as necessary to maintain good
   visibility." At the time of the inspection, the agent observed that the
   paint on antenna structure #1041090 was faded and the unpainted cables
   fastened to the outside of the antenna structure partially hid the paint
   on the tower.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, the State of South Dakota
       must submit a written statement concerning this matter within twenty
       (20) days of release of this Notice. The response must fully explain
       each violation, must contain a statement of the specific action(s)
       taken to correct each violation and preclude recurrence, and should
       include a time line for completion of pending corrective action(s).
       The response must be complete in itself and signed by an official of
       the State of South Dakota. 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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent by certified mail, return receipt requested,
       to State of South Dakota at its address of record.

    5. The Privacy Act of 1974 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. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission