Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dakota Communications, Ltd. ) File No. EB-10-DV-0264
Antenna Structure Registrant )
ASR # 1054365 )
Licensee of Radio Station KIJV )
Facility ID # 15264 ) NOV No. V201132800007
Huron, South Dakota )
)
NOTICE OF VIOLATION
Released: October 25, 2010
By the District Director, Denver 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 Dakota Communications, Ltd.
("Dakota"), licensee of radio station KIJV and registrant of antenna
structure # 1054365, both in Huron, South Dakota.
2. On August 12, 2010, an agent of the Enforcement Bureau's Denver
Office inspected antenna structure # 1054365 located in Huron, South
Dakota, and observed the following violations:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." At the
time of inspection, one sidelight was extinguished at the one-half
level of antenna structure #1054365.
b. 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." At the time of the inspection, the base
fence gate latch was open, allowing access to the antenna tower.
Investigation by the agent revealed that the gate latch lock had been
vandalized during the previous 48 hours.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Dakota 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
Dakota. 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
Denver District Office
215 S. Wadsworth Blvd, Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Dakota Communications, Ltd., 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
Nikki P. Shears
District Director
Denver 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