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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
KNZA Inc DBA KAIR FM O )
1032122 File No.: EB-FIELDSCR-13-00006324
)
Owner of Antenna Structure No. NOV No.: V201332560016
1032122 )
Huron, KS )
)
NOTICE OF VIOLATION
Released: February 1, 2013
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 KNZA Inc DBA KAIR FM, owner of
antenna structure number 1032122 in Huron, 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. On January 24, 2013, an agent of the Commission's Kansas City Office
inspected antenna structure number 1032122 located at SW 1/4 Sec 8
Lancaster TWP, 10800 322nd Rd, 3.2 km SE of Huron, Kansas, and
observed the following violation(s):
47 C.F.R. S: 17.50: "Antenna structures requiring painting
under this part shall be cleaned or repainted as often as
a. necessary to maintain good visibility." At the time of
inspection, the paint on this structure was faded and its
visibility to aircraft was reduced.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, KNZA Inc DBA KAIR FM, 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 KNZA Inc DBA
KAIR FM to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of KNZA Inc DBA KAIR FM with personal knowledge of
the representations provided in KNZA Inc DBA KAIR FM'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.
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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
6. This Notice shall be sent to KNZA Inc DBA KAIR FM 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. 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 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
2
Federal Communications Commission