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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KNTO, Inc ) File No. EB-10-SF-0003
Registrant of Antenna Structure #1014641 )
Livingston, California ) NOV No. V201032960003
)
)
)
NOTICE OF VIOLATION
Released: March 9, 2010
By the District Director, San Francisco District Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to KNTO, Inc, registrant of antenna
structure #1014641, located near Livingston, California.
2. On January 11, 2010 agents of the Commission's San Francisco Office
inspected the antenna structure. On January 12, 2010, agents
interviewed a representative of the structure owner KNTO, Inc., and
observed the following violations:
a. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which
is registered with the Commission and has been assigned lighting
specifications referenced in this part: Shall make an observation of
the antenna structure's lights at least once each 24 hours either
visually or by observing an automatic properly maintained indicator
designed to register any failure of such lights, to insure that all
such lights are functioning properly as required; or alternatively,
(2) Shall provide and properly maintain an automatic alarm system
designed to detect any failure of such lights and to provide
indication of such failure to the owner." According to KNTO's
representative, the antenna structure was not equipped with an
automatic monitoring system, and observations of the structure's
lights were not being made once every 24 hours.
b. 47 C.F.R. S: 17.47(b): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: Shall inspect at intervals
not to exceed 3 months all automatic or mechanical control devices,
indicators, and alarm systems associated with the antenna structure
lighting to insure that such apparatus is functioning properly."
According to structure maintenance records provided by the KNTO
representative, the tower has been maintained during single events in
2003, 2005, and 2008. The provided records did not establish that
inspections had been conducted at least every three months.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, KNTO, 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 the
licensee. 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
San Francisco District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent to KNTO, Inc., 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
Thomas N. Van Stavern
District Director
San Francisco District 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