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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
     Apollo Tower LLC                                                        
                                      )   File No.: EB-FIELDSCR-12-00005343  
     Owner of Antenna Structure                                              
     Number 1033563                   )   NOV No.: V201332560007             
     Overbrook, Kansas                )                                      

                              NOTICE OF VIOLATION

   Released: December 3, 2012

   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 (Rules) to Apollo Tower LLC, owner of
       antenna structure number 1033563 near Overbrook, Kansas. Pursuant to
       Section 1.89(a) of the Rules, issuance of this NOV does not preclude
       the Enforcement Bureau from further action if warranted, including
       issuing a Notice of Apparent Liability for Forfeiture for the
       violation(s) noted herein.

    2. An agent of the Commission's Kansas City Office investigated antenna
       structure number 1033563 located at 38-50-15N/095-29-53W and noted the
       following violation(s):

              47 C.F.R.S:17.48 The owner of any antenna structure which is   
              registered with the Commission and has been assigned lighting  
              specifications referenced in this part: (a) Shall report       
              immediately by telephone or telegraph to the nearest Flight    
              Service Station or office of the Federal Aviation              
              Administration any observed or otherwise known extinguishment  
              or improper functioning of any top steady burning light or     
              any flashing obstruction light, regardless of its position on  
              the antenna structure, not corrected within 30 minutes. Such   
              reports shall set forth the condition of the light or lights,  
              the circumstances which caused the failure, the probable date  
         a.   for restoration of service, the FCC Antenna Structure          
              Registration Number, the height of the structure (AGL and      
              AMSL if known) and the name, title, address, and telephone     
              number of the person making the report. Further notification   
              by telephone or telegraph shall be given immediately upon      
              resumption of normal operation of the light or lights. On      
              November 13, 2012, an officer with the Douglas County Kansas   
              Sheriff's Department observed that the top beacon on antenna   
              structure number 1033653 was not lit. An agent from the        
              Kansas City Office checked with the Federal Aviation           
              Administration (FAA) and found that no one had notified the    
              FAA of the outage and that no Notice to Airman (NOTAM) had     
              been issued for this structure.                                

              47 C.F.R.S:17.50: "Antenna structures requiring painting       
              under this part shall be cleaned or repainted as often as      
         b.   necessary to maintain good visibility." At the time of         
              inspection on November 9, 2012, the paint on this structure    
              was faded and bare metal could be seen in several places.      

       c. 47 C.F.R. S: 17.51: "All red obstruction lighting shall be
       exhibited from sunset to sunrise unless otherwise specified." On
       November 13, 2012, an officer with the Douglas County Kansas Sheriff's
       Department observed that the top beacon on antenna structure number
       1033653 was not lit.

         3. Pursuant to Section 403 of the Communications Act of 1934, as
            amended, and Section 1.89 of the Rules, Apollo Tower LLC must
            submit a written statement concerning this matter within twenty
            (20) days of release of this Notice. The response must (i) 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 must not be abbreviated by reference to other
            communications or answers to other notices.

         4. In accordance with Section 1.16 of the Rules, we direct Apollo
            Tower LLC to support its response to this Notice with an
            affidavit or declaration under penalty of perjury, signed and
            dated by an authorized officer of  Apollo Tower LLC  with
            personal knowledge of the representations provided in  Apollo
            Tower LLC's response, verifying the truth and accuracy of the
            information therein, and confirming that all of the information
            requested by this Notice which is in the licensee's possession,
            custody, control, or knowledge has been produced. To knowingly
            and willfully make any false statement or conceal any material
            fact in reply to this Notice is punishable by fine or
            imprisonment under Title 18 of the U.S. Code. 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 N.E. Colbern Rd.

       2nd Floor

       Lees Summit, MO 64086-4711

         5. This Notice shall be sent to Apollo Tower LLC at its address of

         6. 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.


       Ronald D. Ramage

       District Director

       Kansas City Office

       South Central Region

       Enforcement Bureau

       47 C.F.R. S: 1.89.

       47 C.F.R. S: 1.89(a).

       47 U.S.C. S: 403.

       47 C.F.R. S: 1.89(c).

       Section 1.16 of the Rules provides that "[a]ny document to be filed
       with the Federal Communications Commission and which is required by
       any law, rule or other regulation of the United States to be
       supported, evidenced, established or proved by a written sworn
       declaration, verification, certificate, statement, oath or affidavit
       by the person making the same, may be supported, evidenced,
       established or proved by the unsworn declaration, certification,
       verification, or statement in writing of such person . . . . Such
       declaration shall be subscribed by the declarant as true under penalty
       of perjury, and dated, in substantially the following form . . . : `I
       declare (or certify, verify, or state) under penalty of perjury that
       the foregoing is true and correct. Executed on (date). (Signature)'."
       47 C.F.R. S: 1.16.

       18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

       P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

       18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission