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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Capstar TX LLC ) File No. EB-10-AN-0006
Licensee of Radio Station KENI )
Facility ID#: 12516 )
Anchorage, Alaska )
)
) NOV No. V201032780003
NOTICE OF VIOLATION
Released: March 9, 2010
By the Resident Agent, Anchorage Resident Agent 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 Capstar TX LLC, licensee of radio
station KENI in Anchorage, Alaska.
2. On January 29, 2010, an agent of the Enforcement Bureau's Anchorage
Resident Agent Office inspected KENI's transmitter site located at
2800 E. Dowling Rd., Anchorage, Alaska, and observed the following
violation:
a. 47 C.F.R. S: 73.49: "Antenna towers having radio frequency potential
at the base (series fed, folded unipole, and insulated base antennas)
must be enclosed with effective locked fences or other enclosures.
Ready access must be provided to each antenna tower base for meter
reading and maintenance purposes at all times. However, individual
tower fences need not be installed if the towers are contained within
a protective property fence." The agent did observe that the tower
was enclosed by a fence. However, the entrance gate did not
effectively prevent access to the tower base. The locking mechanism
on the gate was broken and did not effectively lock the gate and
prevent it from being opened.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Capstar TX LLC,
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
Capstar TX LLC. 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
Anchorage Resident Agent Office
P.O. Box 221849
Anchorage, Alaska 99522-1849
4. This Notice shall be sent to Capstar TX 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
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western 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