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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Representatives Inc. ) File Nos. EB-08-LA-0124
) EB-08-LA-0126
Antenna Structure Registrant )
ASR Nos. 1247050 and 1247055 )
Bakersfield, CA ) NOV No. V200832900006
)
NOTICE OF VIOLATION
Released: May 13, 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 Radio Representatives Inc.,
registrant of antenna structure numbers 1247050 and 1247055 in
Bakersfield, California.
2. On April 3, 2008, an agent of the Enforcement Bureau's Los Angeles
Office inspected antenna structure numbers 1247050 and 1247055 in
Bakersfield, California, and observed the following violations:
a. 47 C.F.R. S: 17.4(b): "[E]ach owner of a proposed structure referred
to in paragraphs (a)(1) or (a)(3) of this section must submit a valid
FAA determination of "no hazard." In order to be considered valid by
the Commission, the FAA determination of `no hazard' must not have
expired prior to the date on which FCC Form 854 is received by the
Commission." The antenna structure registrations for both antenna
structures list FAA studies which expired on July 5, 2006, and were
terminated. More recent FAA information reveals that the most recent
study for each antenna structure was completed in 2007.
b. 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." At the time of the
inspection, no numbers were observed at the base of the antenna
structure.
c. 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)." At the time of the
inspection, a contractor at the site informed the agent that
construction of the antenna structures had been completed months
earlier. However, the FCC's Antenna Structure Registration database
shows the antenna structures' status as "Granted" instead of
"Constructed".
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Radio Representatives
Inc., 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
Radio Representatives Inc., 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 Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Radio Representatives Inc., at the
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 E. 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