Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
City of Lafayette               )            File  No.  EB-03-OR-
Licensee of Radio Station WEG265)
1314 Walker Road                )            NOV              No.  
Lafayette, LA 70502             )

                       NOTICE OF VIOLATION

                                             Released:  November 
5, 2003

By the District Director, New Orleans Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to  the 
     City of Lafayette, licensee of radio station WEG265.

  2.      On November  3 2003,  agents  of the  Commission's  New 
     Orleans Office  inspected  an antenna  structure  associated 
     with radio station WEG265 located  at coordinates N 30  12' 
     42.7" and  W 092  00' 30.4"  , and  observed the  following 

  2.a.      47  C.F.R.    17.4(a)(2):  ``For  an   existing 
            antenna   structure  that   had  been   assigned 
            painting or lighting requirements prior to  June 
            1, 1996, the  owner must register the  structure 
            prior to June 1, 1998''.  This structure is  not 
            listed in  the Commission's  database as  having 
            been registered.

  2.b.      47 C.F.R.  17.23 ``The requirements found in   
            17.23  relating  to  painting  and  lighting  of 
            antenna  structures  shall not  apply  to  those 
            structures  authorized prior  to June  1,  1996.  
            Previously  authorized  structures  may   retain 
            their    present    painting    and     lighting 
            specifications,   so   long   as   the   overall 
            structure  height  or site  coordinates  do  not 
            change.''       The     previously      assigned 
            specifications  for this  structure require  the 
            top red  obstruction light to  be positioned  to 
            insure unobstructed  visibility of at least  one 
            of the lights from aircraft at any normal  angle 
            of   approach.    The  position   of   the   red 
            obstruction  light on  this structure  does  not 
            provided unobstructed visibility.

  2.c.        47   C.F.R.    17.50   ``Antenna   structures 
            requiring  painting  under this  part  shall  be 
            cleaned and repainted  as often as necessary  to 
            maintain  good  visibility. ''   This  paint  on 
            this structure has  faded to the point where  it 
            no longer provides good visibility.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, the City of Lafayette must submit a written statement 
     concerning this matter  within 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  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
                 New Orleans Office
                      Room 460
                                      2424 Edenborn Avenue
                                      Metairie, Louisiana  70001

  4.      This Notice shall  be sent  to the  City of  Lafayette, 
     1314 Walker Road, Lafayette, Louisiana, 70502.

  5.      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 

                                     James C. Hawkins
                                District Director
                                New Orleans Office


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.