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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KDWN License Limited Partnership ) File No. EB-10-LA-0177
Licensee of Radio Station KDWN )
Facility ID#: 54686 )
Henderson, Nevada )
)
) NOV No. V201032900021
NOTICE OF VIOLATION
Released: September 03, 2010
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 KDWN License Limited Partnership,
licensee of radio station KDWN in Las Vegas, Nevada.
2. On June 21, 2010, an agent of the Enforcement Bureau's Los Angeles
office inspected KDWN's transmitter site located on the NE corner of
W. Galleria Drive and McCormick Road in Henderson, Nevada, 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 within 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 observed a hole in the
chain-link fence enclosing the center tower (ASR # 1011960), which
had been caused by recent vandalism. The agent also observed a "High
Level Radio Frequency Energy Area" sign lying on the ground next to
the hole in the fence.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, KDWN License
Limited Partnership 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 KDWN License Limited Partnership. 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 KDWN License Limited Partnership 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
Nader Haghighat
District Director
Los Angeles 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