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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Lafayette ) File No. EB-03-OR-
282
Licensee of Radio Station WEG265)
1314 Walker Road ) NOV No.
V20043262001
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
violation(s):
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
COMMISSION
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.