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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tempe Radio ) File No. EB-05-SD-
089
)
Antenna Structure Registrant ) NOV No. V20053294003
ASR # 1005836 )
Tempe, Arizona )
)
NOTICE OF VIOLATION
Released: June 2,
2005
By the District Director, San Diego District Office, Western
Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Tempe Radio, registered owner of antenna structure #
1005836.
2. On May 14, 2005, an agent of the Commission's San Diego
Office inspected the antenna structure # 1005836 located at
1900 W. Carmen, Tempe, Arizona, and observed the following
violation:
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. Materials
used to display the Antenna Structure Registration
Number must be weather-resistant and of sufficient
size to be easily seen at the base of the antenna
structure." At the time of inspection no Antenna
Structure Registration Number was visible at the
base of the tower.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Tempe Radio, 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 registrant. 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
San Diego District Office
4542 Ruffner St., Suite 370
San Diego, California 92111
4. This Notice shall be sent to Tempe Radio 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
William R. Zears Jr.
District Director
San Diego Office
Western 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.