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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WADO License Corp. ) File No. EB-08-NY-0087
ASR # 1052551 )
Carlstadt, NJ ) NOV No. V200832380020
NOTICE OF VIOLATION
Released: April 9, 2008
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to WADO License Corp., d.b.a. Heftel
Broadcasting Corporation ("WADO"), owner of antenna structure 1052551
in Carlstadt, NJ.
2. On March 17, 2008, an agent of the Commission's New York Office
inspected antenna structure # 1052551 located at Paterson Plank Road,
Carlstadt, NJ 07072, and observed 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." According to
the ASR, Antenna Structure Registration Number 1052551 still shows
"granted" status. In order to come into compliance with the
Commission's rules, WADO should file FCC Form 854 notifying the
Commission that the tower has been constructed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, WADO 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 WADO. 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to WADO License Corp. 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
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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