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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Butler Broadcasting Company, LLC )
KREB and WQCU699 ) Case No. EB-10-OR-0062
ASR # 1058573 ) NOV No. V201032620004
Bentonville, Arkansas )
36DEG23'18.0''N )
94DEG11'35.0''W )
ASR # 1040271 )
Fayetteville, Arkansas )
36DEG04'29.0''N )
094DEG11'1.0''W )
NOTICE OF VIOLATION
Released: September 8, 2010
By the District Director, New Orleans, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Butler Broadcasting Company, LLC
("Butler Broadcasting"), owner of antenna structure #1058573 in
Bentonville, Arkansas and antenna structure #1040271 in Fayetteville,
Arkansas.
2. On August 10, 2010, agents of the Commission's New Orleans Office
inspected antenna structures #1058573 and #1040271 and observed the
following violations:
47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission, each
new or altered antenna structure to be registered on or after January 1,
1996, must conform to the FAA's painting and lighting recommendations set
forth on the structure's FAA determination of "no hazard"..." The antenna
structure registration for structures #1058573 and #1040271 indicates the
towers require painting and lighting in accordance with FAA Circular
Number 70/7460-1K, FAA Chapters 1, 3, 11, and 21. Chapter 3 requires
painting with alternate bands of aviation orange and white for daytime
visibility. During the inspection, agents observed the structure paint was
faded on both towers and did not meet FAA requirements.
Section 17.57 of the Rules states that the "owner [of an antenna
structure] must also immediately notify the Commission using FCC Form 854
upon any change in ... structure ownership information." Although now
owned by Butler Broadcasting, the FCC Antenna Structure Registration
database states that antenna structure #1040271 is owned by Cumulus
Licensing Corporation, the previous owner.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Butler Broadcasting, LLC
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 taken
to correct each violation and preclude recurrence, and should include
a time line for completion of pending corrective action. The response
must be complete in itself and signed by a principal or officer of the
tower owner. 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
New Orleans Office
2424 Edenborn Ave.
Suite 460
Metairie, La. 70001
4. This Notice shall be sent to Butler Broadcasting Company, 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
Walter Gernon
District Director
New Orleans Office
South Central 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