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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Nos. EB-07-SD-122
KUET License Company LLC ) EB-07-SD-123
Registrant of Antenna Structures 1239609 ) EB-07-SD-124
ASR Nos. 1056500, 1056501, 1056502, ) EB-07-SD-125
1056503, 1056504 and 1056505 ) EB-07-SD-126
) EB-07-SD-127
Black Canyon City, Arizona )
)
) NOV No. V20073294013
NOTICE OF VIOLATION
July 25, 2007
By the District Director, Western Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to KUET License Company LLC, owner of
antenna structure numbers 1056500, 1056501, 1056502, 1056503,
1056504 and 1056505 located in Black Canyon City, Arizona.
2. On April 28, 2007, agents of the Commission's San Diego Office
inspected six antenna structures, antenna structure numbers 1056500,
1056501, 1056502, 1056503, 1056504 and 1056505, in Black Canyon City,
Arizona., and observed the following violation:
47 C.F.R. S: 17.57: "The owner [of a registered antenna structure] must
also immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." The antenna
structure registrations for antenna structure numbers 1056500, 1056501,
1056502, 1056503, 1056504 and 1056505 specify painting and lighting in
accordance with FAA Circular Number 70/7460-1J, Chapters 3 and 5, because
the these towers were to be constructed at a height of 108 meters (354
feet). At the time of the inspection, the agents observed that the height
of each tower was less than 61 meters (200 feet), and did not adhere to
the required painting or lighting specifications.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, KUET License Company LLC,
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 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111
4. This Notice shall be sent to KUET License Company LLC at its address
of record.
5. 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.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears, Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission