******************************************************** 
                      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 )

   )

   Citicasters Co. ) File No. EB-FIELDWR-12-00005177

   Antenna Structure Registrant )

   ASR # 1034535 ) NOV No. V201332800031

   Wellington, Colorado )

   )

                              NOTICE OF VIOLATION

   Released: December  20, 2012

   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 (Rules), to Cititcasters Co. (Citicasters), 
       registrant of Antenna Structure # 1034535 in Wellington, Colorado.  
       Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
       not preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violations noted herein.

    2. On October 30, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected  Antenna Structure # 1034535 located in 
       Wellington, Colorado, and observed the following violations:

     a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
        section, 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 agent observed that no
        Antenna Structure Registration Number was displayed.

     b. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be registered on or after
        January 1, 1996, must conform to the FAA's painting and lighting
        recommendations set forth on the structure's FAA determination of `no
        hazard'  as referenced in the. . .  FAA Advisory Circulars."  The FCC
        Antenna Structure Registration (ASR) for antenna structure # 1034535
        requires that it be lit in accordance with Chapters 3, 4, 5 and 13 of
        FAA Circular Number 70/7460-1J. Chapter 5 requires one  flashing
        beacon at the top of structure and two flashing beacons at the .
        level of the tower. In addition, three  sidelights shall be installed
        at the . and . levels of the tower.  During the inspection on October
        30, 2012, the agent observed that one flashing beacon was installed
        at the top of the tower and two sidelights at the one-third and
        two-thirds levels of the tower.

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken.  Therefore,
       Citicasters must submit a written statement concerning this matter
       within twenty (20) 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 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 Citicasters to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Citicasters with personal knowledge of the representations provided in
       Citicasters' 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 regulatee'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.

    5. 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

    6. This Notice shall be sent to Citicasters Co.,  at its address of
       record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western 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).

   Federal Communications Commission

   2

                       Federal Communications Commission