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


In the Matter of                )
                                )
Encore Broadcasting of Maryland, Inc.        )    File No. EB-05-
CF-013
                                )
ASR #:  1036968                 )            NOV              No.  
V20053234004
Annapolis, Maryland             )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: February 
4, 2005

By the District Director, Columbia Office, Northeast Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to 
     Encore Broadcasting of Maryland, Inc., (``Encore'') owner of 
     antenna structure # 1036968.

  2.      On January 03, 2005, an agent of the Commission's 
     Columbia Office inspected the antenna structure, ASR# 
     1036968 located at 236 Admiral Drive, Annapolis, Maryland, 
     and observed the following violation(s):

  2.a.      47 C.F.R. § 17.50: ``Antenna structures 
            requiring painting shall be cleaned or 
            repainted as often as necessary to maintain 
            good visibility.''  The agent noted that the 
            paint on the tower is faded and chipped.
        
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Encore must submit a written statement concerning 
     this matter within twenty (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 tower owner.  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
                 Columbia Office
                 9200 Farm House Lane
                 Columbia, MD 21046


  4.      This Notice shall be sent to Encore Broadcasting of 
     Maryland, Inc., at their address of record.

  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




                                Charles C. Magin
                                District Director
                                Columbia Office
                                Northeast Region
                                Enforcement Bureau


 

_________________________

147 C.F.R. § 1.89.

247 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.