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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The City of Annapolis ) File No. EB-10-CF-0097
Antenna Structure Registrant )
ASR # 1037031 ) NOV No. V201232340001
Annapolis, MD )
)
Attention: Karen M. Hardwick, City Attorney )
NOTICE OF VIOLATION
Released: October 7, 2011
By the District Director, Columbia Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's Rules to the City of Annapolis, owner of
antenna structure number 1037031 (the "Antenna Structure") in
Annapolis, Maryland.
2. On June 9, 2011, an agent of the Commission's Columbia Office
inspected the Antenna Structure located at 25 Silopanna Road,
Annapolis, Maryland, and observed the following violations:
a. 47 C.F.R. S: 17.57: "The owner [of an antenna structure] must...
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." The City of
Annapolis has owned the Antenna Structure since 1989. Although FCC
agents advised the City of Annapolis that the FCC must be notified of
a change in ownership, the FCC's antenna structure registration
database continues to identify MBC Incorporated DBA = WYRE AM as the
owner of the Antenna Structure.
b. 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 the inspection, the paint on the
Antenna Structure was faded and chipped.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's Rules, the City of
Annapolis, 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 the licensee with personal knowledge of the
matter. 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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to the City of Annapolis, 160 Duke of
Gloucester Street, Annapolis, Maryland 21401.
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
Salomon Satche
District Director
Columbia Office
Northeast 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