Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


   Gregory Davis ) File No. EB-06-AT-022

   Davis Broadcasting, Inc. )

   2203 Wynnton Road ) NOV No. V20063248001

   Columbus, GA 31906 )



                              NOTICE OF VIOLATION

   Released: March 31, 2006

   By the Atlanta Office Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued to Gregory Davis,
       owner of antenna structure number 1055362, for violation of the
       Commission's Rules. Pursuant to Section 303(q) of the Communications
       Act of 1934, as amended, and Section 17.2(c) of the Commission's
       Rules, the owner of an antenna structure is ultimately responsible for
       compliance with the Commission's Rules governing the construction,
       marking and lighting of the antenna structure.

    2. On March 13, 2006, an agent of the Commission's Atlanta Office
       inspected antenna structure 1055362 located at Jernigan, Alabama and
       observed the following violation(s):

     a. 47 C.F.R. S 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." The antenna structure had no
        ASR number visible.

     b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications ...shall report immediately by telephone or telegraph
        to the nearest Flight Service Station or office of the Federal
        Aviation Administration any observed or improper functioning of any
        top steady burning light or any flashing obstruction light,
        regardless of its position on the antenna structure, not corrected
        within 30 minutes." The owner had not filed a report of a light
        outage on this structure with the FAA.

     c. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications must maintain a record of any observed or otherwise
        known extinguishment or improper functioning of a structure light."
        The owner failed to maintain records of light outages.

     d. 47 C.F.R. S 17.51: "The Rules require that all high intensity and
        medium intensity obstruction lighting be exhibited continuously
        unless otherwise specified." The antenna structure requires high
        intensity lights during the daylight and medium intensity lights
        during the night installed at the top and mid-levels of the antenna
        structure. The owner failed to exhibit any obstruction lighting on
        its antenna structure number 1055362, in accordance with its antenna
        structure registration and FAA requirements.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, you must submit a
       written statement concerning this matter within ten (10) 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). 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

   Atlanta Office

   3575 Koger Boulevard, Suite 320

   Duluth, Georgia 30096

    4. The Privacy Act of 1974 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.


   Fred L. Broce

   District Director

   Atlanta District Office

   Enforcement Bureau

   47 U.S.C. S 308(q)

   47 C.F.R. S 17.2(c)

   47 C.F.R. Pt. 17

   P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission