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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Gray, Jan DBA = KZMX ) File No. EB-FIELDWR-13-00006467

   Antenna Structure Registrant )

   ASR #  1063709 ) NOV No. V201332800041

   Hot Springs, South Dakota )


                              NOTICE OF VIOLATION

   Released: February 26, 2013

   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 (Rules),^ to Gray, Jan DBA = KZMX (Jan
       Gray),  registrant of Antenna Structure # 1063709 in Hot Springs,
       South Dakota.   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 violations noted herein.^

    2. On January 22 - 24, 2013, an agent of the Enforcement Bureau's Denver
       District Office inspected  Antenna Structure # 1063709  located in
       Hot Springs, South Dakota, and observed the following violations:

     a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
        be displayed in a conspicuous place so that it is readily visible
        near the base of the antenna structure. Materials used to display the
        Antenna Structure Registration Number must be weather-resistant and
        of sufficient size to be easily seen at the base of the antenna
        structure." During the inspection  on January 24, 2013, the agent
        observed that the Antenna Structure Registration Number was faded and
        not easily seen at the base of antenna structure.

     b. 47 C.F.R. S 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
        by telephone or telegraph to the nearest Flight Service Station or
        office of the Federal Aviation Administration 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." On January 22, 2013, the FCC agent called the Federal
        Aviation Administration (FAA) and reported the tower light outage.
        Apparently, a current NOTAM was not in effect. The registrant, Jan
        Gray,  had failed to notify the FAA of the tower light outage.

     c. 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." On January 24, 2013, at the time of inspection, the
        paint on this structure was faded and chipped. Its visibility to
        aircraft was reduced.

     d. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified."  During
        the inspections  conducted at night on January 22 and 23, 2013, the
        agent observed that  all red obstruction lighting was extinguished on
        the  antenna structure.

     e. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within 24 hours of completion of construction (FCC
        Form 854R) and/or dismantlement (FCC Form 854). The owner must also
        immediately notify the Commission using FCC Form 854 upon any change
        in structure height or change in ownership information." The agent
        attempted to contact the owner and found that the owner's phone
        number, as provided on the antenna structure registration, was
        disconnected or no longer in service.

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Jan Gray 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 Rules, we direct Jan Gray to
       support his response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Jan Gray with personal knowledge of the representations provided in
       Jan Gray'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 regulatee'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 Gray, Jan DBA = KZMX,  at its address of

    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 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 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