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FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243
Hutchinson, County of File No.:
EB-03-DL-
137
P.O. Box 850
Stinnett, TX 79083-0850 Released:
July 17,
2003
NOTICE OF VIOLATION
1. The FCC's Dallas Office has determined that you, as the
registered owner (#1217957) and licensed user (WPGE757, WPHV240,
WPKG738, WPKT491, WPRT499 & WPWU762), are responsible for the
following violations of FCC Rules regarding your authorized
transmitter location and registered antenna structure located in
the Stinnett, Texas area at or near geographical coordinates 35°
50' 39''N / 101° 26' 47''W.
a. 47 C.F.R. § 1.923(c): Antenna locations: . . . Geographical
coordinates, referenced to NAD83, must be specified in
degrees, minutes, and seconds to the nearest second of
latitude and longitude. Station licenses WPGE757, WPHV240,
WPKG738, WPKT491, WPRT499 & WPWU762 (and antenna structure
registration 1217597) list the geographical coordinates as
35° 50' 45''N / 101° 26' 14''W. VIOLATION: On May 29, 2003,
the transmitter site for these authorized stations was
determined to be at or near geographical coordinates 35° 50'
39''N / 101° 26' 47''W, a disparity of approximately six
seconds of latitude and 33 seconds of longitude (a distance
of approximately 2100 feet).
b. 47 C.F.R. § 17.50: Antenna structures requiring painting
under this part shall be cleaned or repainted as often as
necessary to maintain good visibility (of the required bands
of paint). Antenna structure registration 1217597 lists the
structure as 97.5 meters in height with a requirement to be
painted and lit in accordance with FCC paragraphs 1, 3, 12,
and 21. VIOLATION: On May 29, 2003, you had failed to
repaint this structure as often as necessary to maintain good
visibility. The painting on this antenna structure was
extremely deteriorated reducing the visibility of the
structure and obscuring the bands of aviation orange and
white paint.
2. As the antenna structure owner and licensed user, you
are ultimately responsible for compliance with the Commission's
Rules governing antenna structures.1
3. Pursuant to Section 1.89 of the Commission's Rules, 47
C.F.R. § 1.89, you must submit a written response to this Notice
to the address in the letterhead within 20 days of the release of
this Notice. Include a statement of the specific action(s) taken
to correct and preclude recurrence of each violation. If you
have not completed all corrective actions by the time your reply
is due, provide the date you will complete each action. Mark all
replies and documentation with the file number specified above.
4. Failure to respond to this Notice constitutes a separate
violation that could result in additional penalties, including
monetary forfeiture. Any statement or information you provide
may be used by the Commission to determine if further enforcement
action is required.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
LRB
_________________________
1 See 47 U.S.C. §303(q), 47 C.F.R. §§17.2(c) and 17.6