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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-04-PA-
050
Levas Communications, LLC ) EB-04-PA-051
)
Chalfont, Pennsylvania ) NOV No. V20043240011
)
NOTICE OF VIOLATION
Released: March 19,
2004:
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Levas Communications, LLC., the owner of antenna structures
1037801 and 1037802.
2. On March 4, 2004 and March 10, 2004, an agent of the
Commission's Philadelphia Office inspected the two antenna
structures for radio station WURD-AM. The antenna
structures are assigned the Antenna Structure Registration
Numbers 1037801 and 1037802 and located at 6431 Essington
Avenue, Philadelphia, Pennsylvania. During the inspection,
the Philadelphia Office observed the following violation:
2.a. 47 C.F.R. § 17.57: ``...The owner must also
immediately notify the Commission using FCC
Form 854 upon any change in structure height or
change in ownership information.'' Levas
Communications, LLC is the current owner of
antenna structures 1037801 and 1037802.
However, the Antenna Structure Registrations
for each tower still list the owner as Mega
Communications of Philadelphia Licensee, LLC.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Levas Communications, LLC 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 actions
taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending
corrective actions. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Levas Communications LLC,
200 Highpoint Drive, Suite 200, Chalfont, Pennsylvania
19125.
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
John E. Rahtes
District Director
Philadelphia 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.