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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MBC Incorporated ) File No. EB-05-CF-
016
DBA WYRE AM )
ASR# 1037031 ) NOV No.
V20053234005
Annapolis, MD )
)
NOTICE OF VIOLATION
Released: February
17, 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 MBC
Incorporated, owner of tower, ASR# 1037031.
2. On February 7, 2005 an agent of the Commission's
Columbia Office inspected radio station WYRE's tower located
at 25 Silopanna Road, and observed the following violation:
2.a. 47 C.F.R. § 17.50: ``Antenna structures
requiring painting under this part shall be
cleaned or repainted as often as necessary in
order to maintain good visibility.'' The agent
noted that the paint on the tower is chipped
and faded.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, MBC Incorporated 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 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 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 MBC Incorporated at its
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.