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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dana R. Withers ) File No. EB-04-KC-
048
ASR # 1233747 ) NOV No.
V200432560005
Commerce, Missouri )
)
NOTICE OF VIOLATION
Released: April 9,
2004
By the District Director, Kansas City Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Dana
R. Withers.
2. On April 1, 2004, an agent of the Commission's Kansas
City Office inspected the antenna structure, Registration
Number 1233747, located near Commerce, Missouri and observed
the following violation:
2.a. 47 C.F.R. § 17.4(g): ``...the Antenna
Structure Registration Number must be displayed
in a conspicuous place so that it is readily
visible near the base of the antenna
structure.'' The agent observed during the
inspection that the owner had not displayed the
number.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Dana R. Withers, 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
Kansas City Office
520 NE Colbern Road
Second Floor
Lee's Summit, MO. 64086-4711
4. This Notice shall be sent to Dana R. Withers, C/O
Station WQRL, P. O. Box 818, Benton, Illinois 62812.
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
Robert C. McKinney
District Director
Kansas City 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.