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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Team Radio L.L.C. ) File No. EB-04-DL-
180
Radio Station KOKP )
) NOV No.
V20053250010
Ponca City, Oklahoma )
)
)
5. NOTICE OF VIOLATION
Released: April 19,
2005
By the District Director, Dallas Office, South Central Region,
Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Team Radio L.L.C..
On February 22 and 23, 2005, an agent of the Commission's
Dallas Office conducted an inspection of radio station KOKP
located near, Perry, Oklahoma. During the inspection the
station's antenna array, consisting of structures ASR # 1237030,
1237031, 1237033 and 1237035, was also inspected. The following
violations were noted:
5.a. 47 C.F.R. § 17.22: ``Whenever painting or
lighting is required, the Commission will
generally assign specifications in accordance
with the FAA Advisory Circulars.'' The ASRs
for structures numbered 1237030, 1237031,
1237033 and 1237035 specify that the towers are
required to be painted and lighted in
accordance with FCC Paragraphs 1,3,11,21.
Paragraph 1 requires painting with alternate
bands of aviation orange and white, and
Paragraphs 3 and 11 requires red obstruction
lighting. During the inspection, the agent
observed that antenna structures 1237030 and
1237033 did not conform to these
specifications. The structures were painted,
but were not equipped with red obstruction
lighting for nighttime as required.
5.b. 47 C.F.R. § 73.1560(a)(2): ``Whenever the
transmitter of an AM station cannot be placed
into the specified operating mode at the time
required, transmissions of the station must be
immediately terminated. However, if the
radiated field at any bearing or elevation does
not exceed that permitted for that time of day,
operation in the mode with the lesser radiated
field may continue under the notification
procedures of paragraph (d) of this section''.
On February 23, 2005, Radio Station KOKP failed
to switch from daytime mode and power at sunset
as required, and continued transmitting with
radiated field values in excess of that
authorized under the station's license.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Team Radio L.L.C., 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 Team Radio L.L.C. 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
This Notice shall be sent to Team Radio L.L.C. at its
address of record.
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
Jerry M. Montgomery
Acting District Director
Dallas Office
South Central Region
Enforcement Bureau
_________________________
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.