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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio X Broadcasting Corp. ) File No. EB-05-
SJ-009
Owner of Antenna Structure # 1043256 ) NOV No.
V20053268002
Cabo Rojo, PR )
)
NOTICE OF VIOLATION
Released: August 17, 2005
By the Resident Agent, San Juan Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Radio X Broadcasting Corp., owner of antenna structure
# 1043256.
2. On March 9 and 14, 2005, an agent from the
Commission's San Juan Office of the Enforcement Bureau
inspected antenna structure # 1043256 located at
Lat/Long 17-59-30.0 N 067-11-08.0 W, Cabo Rojo, Puerto
Rico, and observed the following violation(s):
2.a. 47 C.F.R. § 17.4(g) ``Except as
described in paragraph (h) of this
section, 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.'' No sign listing
the Antenna Structure Registration
(``ASR'') number was displayed near
the base of antenna structure #
1043256 or on the building wall next
to it. The sign at the gate at the
entrance of the property where the
antenna structure is located was
damaged. Only the first four digits
of the ASR number and a portion of
the fifth were visible.
2.b. 47 C.F.R. § 17.53: ``The lighting
equipment, color or filters, and
shade of paint referred to in the
specifications are further defined in
the following government and/or Army-
Navy aeronautical specifications,
bulletins, and drawings (lamps are
referred to by standard numbers): ...
Aviation surface
orange................... TT-P-59
(Color No.12197, FS-595).'' The
paint on antenna structure # 1043256
did not comply with the Aviation
Surface Orange Color Tolerance Chart.
.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Radio X Broadcasting Corp. 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
antenna structure 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
San Juan Office
Room 762
Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to Radio X Broadcasting
Corp. 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 Berry
Resident Agent
San Juan District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.