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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Northeast Colorado Broadcasting, LLC ) File No.: EB-FIELDWR-13-00008727
Registrant of Antenna Structure No. 1208887 )
Sterling, CO ) NOV No.: V201332800052
)
NOTICE OF VIOLATION
Released: May 23, 2013
By the District Director, Denver District 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 Northeast Colorado Broadcasting,
LLC (NCB), registrant of antenna structure number 1208887 by
Sterling, CO. 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 violation noted herein.^
2. On April 29, 2013, an agent of the Enforcement Bureau's Denver
District Office inspected antenna structure # 1208887, located about
1.5 miles northeast of Old Akron Road and County Road 12, and observed
the following violation:
a. 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,"..." The FAA recommended that the antenna structure be lit
in accordance with Chapters 4, 8, and 13 of FAA Circular 70/7460-1J,
where Chapter 8 specifies red lights at the mid-level of the
structure. At the time of the inspection, the agent observed that
there were no lights installed at the mid-level of the structure.
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, NCB 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 NCB to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
NCB with personal knowledge of the representations provided in NCB'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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6. This Notice shall be sent to Northeast Colorado Broadcasting, LLC, 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 District 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
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Federal Communications Commission