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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Las Vegas Radio Company, Inc. ) File No. EB-10-LA-0178
Antenna Structure Registrant )
ASR # 1225816 ) NOV No. V201032900022
North Las Vegas, Nevada )
)
NOTICE OF VIOLATION
Released: September 8, 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 Las Vegas Radio Company, Inc.
("LVRC"), registrant of antenna structure # 1225816 in North Las
Vegas, Nevada.
2. On June 22, 2010, an agent of the Enforcement Bureau's Los Angeles
Office inspected antenna structure # 1225816 located near the
intersection of N. Martin L. King Blvd. and Radio Ct. in North Las
Vegas, Nevada, and observed the following violations:
a. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R)..." The antenna structure has been constructed, however,
the FCC's Antenna Structure Registration records indicate the
required construction notification has not been filed and the
structure's status is listed as "granted."
b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the
continuing accuracy and completeness of information furnished in a
pending application...the applicant shall as promptly as possible and
in any event within 30 days, unless good cause is shown, amend or
request the amendment of his application so as to furnish such
additional or corrected information..." Pursuant to the current
antenna structure registration for antenna structure # 1225816, the
"registration is effective upon completion of the described antenna
structure and notification to the Commission." As indicated above,
LVRC has not yet notified the Commission of the completion of the
structure. The antenna structure registration for antenna structure #
1225816 lists FAA Study 01-AWP-0676-OE, issued March 20, 2001, with
specifications requiring the structure to conform to Chapters 3, 4,
5, and 12 of FAA Circular 70/7460-1K, which require that the
structure be lighted with red obstruction lighting and be painted. On
September 16, 2002, the FAA issued a second study, FAA Study
2001-AWP-676-OE, which eliminated the painting requirement, however,
LVRC has not updated the structure's antenna structure registration
with this information. At the time of the inspection, antenna
structure # 1225816 was not painted.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, LVRC 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 LVRC. 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 District Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to Las Vegas Radio Company, 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
Nader Haghighat
District Director
Los Angeles 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