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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lotus Communications Corp. DBA KWKW ) File No. EB-08-LA-004
)
Antenna Structure Registrant ) NOV No. V200832900001
ASR #1015921 )
Los Angeles, California )
NOTICE OF VIOLATION
Released: February 25, 2008
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Lotus Communications Corp. DBA KWKW
("Lotus"), registrant of antenna structure #1015921 in Los Angeles,
California.
2. On January 14, 2008, in response to an antenna structure light outage
complaint, staff at FCC headquarters attempted to contact Lotus
regarding antenna structure #1015921 located at 4557 Martin Luther
King Blvd., Los Angeles, California. All attempts by telephone and
e-mail failed as both the telephone number and e-mail address provided
on the Antenna Structure Registration were invalid. Later on January
14, 2008, an agent of the Enforcement Bureau's Los Angeles Office
attempted to make contact with Lotus by telephone prior to doing an on
scene inspection of antenna structure #101592. The on-scene inspection
revealed no antenna structure light outages, however, the inspection
did reveal the following violation:
a. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." On January
14, 2008, Los Angeles agents determined that the telephone number and
email contact information on the Antenna Structure Registration for
antenna structure #1015921 was incorrect and Lotus failed to file
updated ownership contact information.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Lotus Communications Corp
DBA KWKW, 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 Lotus Communications Corp DBA KWKW. 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
Los Angeles Office
18000 Studebaker Rd., Suite 660
Cerritos, CA 90703
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Lotus Communications Corp DBA KWKW 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
Leo Cirbo
Acting Interim District Director
Los Angeles District 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