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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Kohler Communications of Williston, Inc. )  File No.

   Antenna Structure Registrant )

   ASR # 1205079 )   NOV No. V201232800080

   Williston, ND 58801 )


                              NOTICE OF VIOLATION

   Released: September  27, 2012

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's Rules, to Kohler Communications of Williston, Inc.
       (KCWI), registrant of antenna structure # 1205079 by Williston, ND. 
       Pursuant to Section 1.89(a) of the Commission's Rules, issuance of
       this NOV does not preclude the Enforcement Bureau from further action
       if warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violation(s) noted herein.

    2. On August 6, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected antenna structure # 1205079 located on
       Highway 1804, approximately five miles east of Williston, ND, and
       observed the following violations:

     a. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted
        when: (a) they exceed 60.96 meters (200 feet) in height above the
        ground or they require special aeronautical study." The FCC Antenna
        Structure Registration (ASR) for antenna structure # 1205079 requires
        that it be lit in accordance with FCC Paragraphs 1, 3, 11, and 21.
        Paragraph 1 requires that the tower be painted and Paragraph 11
        requires two red lights at the mid-level height of the tower. At the
        time of the August 6, 2012, inspection the agent observed that one of
        the two mid-level lights was extinguished.

     b. 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." During the inspection on August 6, 2012, the agent
        observed that the paint was very faded and chipped.

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken.  Therefore, KCWI 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. In accordance with Section 1.16 of the Commission's Rules, we direct
       KCWI to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of KCWI with personal knowledge of the
       representations provided in KCWI's response, verifying the truth and
       accuracy of the information therein, 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.

    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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Kohler Communications of Williston, Inc.,
       at its address of record.

    7. 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.


   Nikki P. Shears

   District Director

   Denver  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's 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. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission



                       Federal Communications Commission