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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MFR, Inc. ) File No.: EB-10-TP-0089 Licensee of Broadcast Station WTOT )
NOV No.: V201232700004
Marianna, Florida ) Facility ID: 6751
)
NOTICE OF VIOLATION
Released: April 19, 2012
By the District Director, Tampa 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 MFR, Inc., licensee of AM Station WTOT,
Marianna, Florida.
2. On August 8 and 9, 2011, agents of the Enforcement Bureau's Tampa
Office (Tampa Office) inspected the main studio and transmitter site
of Station WTOT located in Marianna, Florida, and observed the
following violation:
a. 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." At the time of the
inspections on August 8 and 9, 2011, the fence around the base of
Station WTOT's antenna tower, antenna structure number 1044793, was
in poor condition. Although the gate of the fence was locked, the
fence leaned on one side and contained a small gap.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, MFR, Inc. must
submit a written statement concerning this matter within twenty (20)
calendar days of release of this Notice. The response (i) must fully
explain each violation, including all relevant surrounding facts and
circumstances, (ii) must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and (iii)
must include a time line for completion of any pending corrective
action(s). The response must be complete in itself and signed by a
principal or officer of the licensee under penalty of perjury. 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
Tampa Field Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607-5744
4. This Notice shall be sent to MFR, 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
Ralph M. Barlow
District Director
Tampa District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(c).
47 C.F.R. S: 1.16.
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