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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of South Dakota ) File No. EB-08-DV-0374
Registrant of Antenna Structure )
ASR # 1041090 ) NOV No. V200932800003
Bowdle, South Dakota )
NOTICE OF VIOLATION
Released: November 7, 2008
By the District Director, Denver 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 the State of South Dakota,
registrant of antenna structure #1041090 in Bowdle, South Dakota.
2. On October 6, 2008, an agent from the Enforcement Bureau's Denver
Office inspected antenna structure #1041090, located in Bowdle, South
Dakota, and observed the following violation:
a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain good
visibility." At the time of the inspection, the agent observed that the
paint on antenna structure #1041090 was faded and the unpainted cables
fastened to the outside of the antenna structure partially hid the paint
on the tower.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, the State of South Dakota
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 an official of
the State of South Dakota. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent by certified mail, return receipt requested,
to State of South Dakota 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
Nikki P. Shears
District Director
Denver 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