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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
) File No. EB-04-DV-
070
KLZ Radio, Inc. )
ASR# 1024156 ) NOV No.
V20043280002
Brighton, Colorado )
5. NOTICE OF VIOLATION
Released: March 16,
2004
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 KLZ Radio, Inc.
("KLZ"), owner of Antenna Structure Registration ("ASR") number
1024156.
On March 11, 2004, an agent of the Commission's Denver
Office inspected antenna structure number 1024156, located at
N40-01-41, W104-49-23, near Brighton, Colorado, and observed the
following violation:
a. 47 C.F.R. § 17.56(a): ``Replacing or repairing of
lights, automatic indicators or automatic control
or alarm systems shall be accomplished as soon as
practicable.'' The agent observed the top beacon
to be steady burning and one side light to be
extinguished. The painting and lighting
specifications on the ASR require that the beacon
atop this structure be flashing.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
KLZ 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 taken to correct the violation and preclude recurrence,
and should include a time line for completion of pending
corrective action. 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, Colorado 80226
This Notice shall be sent to KLZ Radio, Inc., P.O. Box 3003,
Blue Bell, PA 19422.
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
Nikki P. Shears
District Director
Denver Office
cc:KLZ Radio, Inc.
2150 West 29th Ave., Suite 300
Denver, CO 80211
_________________________
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.