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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Zito Media, L.P. ) File No. EB-11-KC-0083
Antenna Structure Owner )
ASR # 1063009 ) NOV No. V201132560001
Strong City, KS )
)
)
NOTICE OF VIOLATION
Released: September 30, 2011
By the District Director, Kansas City Office, 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 Zito Media, L.P., owner of antenna
structure # 1063009 in Strong City, KS.
2. On September 14, 2011, an agent of the Commission's Kansas City Office
inspected antenna structure # 1063009 located northeast of Chase
Street and Highway 50, Strong City, KS and observed the following
violation(s):
a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." At the time of inspection, the paint on this
structure was faded and its visibility to aircraft was reduced.
b. 47 C.F.R. S: 17.57: "The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information." At the time of the inspection, the
ownership information listed in the ASR database was incorrect.
c. 47 C.F.R. S: 17.4: "The Antenna Structure Registration Number must be
displayed in a conspicuous place so that it is readily visible near
the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of the inspection, the ASR number posted at
the base of the tower was severely faded and not clearly visible from
the base of the structure. In addition, the signage was not visible
from the nearest access gate located approximately 0.3 miles away.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Zito Media, L.P.,
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(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 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
Kansas City Office
520 NE Colbern Road
2nd Floor
Lee's Summit, MO 64086
4. This Notice shall be sent to Zito Media, L.P. 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
Ronald D. Ramage
District Director
Kansas City District Office
South Central 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