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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
City Of Monte Vista             )            File No.   EB-03-DV-
Monte Vista, Colorado           )            
Attention:  Kevin Hayner        )            NOV              No.  

              5.                  NOTICE OF VIOLATION

                                             Released:  August 
25, 2003

By the District Director, Denver Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89 of  the Commission's  Rules,1 to the  City of  Monte 
Vista, Colorado.

     On August  11, 2003,  an agent  of the  Commission's  Denver 
Office inspected  the  antenna  structure  located  east  of  the 
Colorado Division of Wildlife Office at 722 South Road 1 East, in 
Monte Vista, Colorado, and observed the following violation:

       47  C.F.R.   17.4(a):   "...  the  owner  of  any... 
       existing antenna  structure that  requires notice  of 
       proposed   construction  to   the  Federal   Aviation 
       Administration must  register the structure with  the 
       Commission."   During   the  inspection,  the   agent 
       observed the tower  to be painted and outfitted  with 
       lighting   appurtenances  in   accordance  with   FAA 
       requirements,  indicating  that  the  structure   was 
       required to be registered with the FCC.  An  on-scene 
       check   of   the   Commission's   antenna   structure 
       registration  ("ASR")  database  revealed  that   the 
       structure was not registered. 

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
City of Monte  Vista must submit  a written statement  concerning 
this matter  within  20 days  of  release of  this  Notice.   The 
response  must  fully  explain  the  violation,  must  contain  a 
statement  of  the  specific  action(s)  taken  to  correct   the 
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 a principal or  officer 
of the  licensee  with personal  knowledge  of the  matter.   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     This Notice shall be sent  via Certified Mail No. 7001  0320 
0002 9702 9325, Return Receipt Requested, to City of Monte Vista, 
Attn:   Kevin  Hayner,  4  Chico  Camino  Street,  Monte   Vista, 
Colorado, 81144.

     The Privacy Act of  19743 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.4

                                FEDERAL COMMUNICATIONS 

                                Jon R. Sprague
                                Acting District Director
                                FCC Denver Office

cc:Robert Hagedorn
   Monte Vista Fire Protection District
   Monte Vista, CO  81144


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.