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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
KXO, Inc.	)                   File No.:  EB-FIELDWR-14-00014127
Owner of Antenna Structure No. 1011272	)
	)                   NOV No.:  V201432940023
El Centro, CA	)


NOTICE OF VIOLATION

	  Released:  March 6, 2014

By the District Director, San Diego Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to KXO, Inc. (KXO), registrant of antenna structure # 1011272 in El Centro, California.  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.

* On February 26, 2014, an agent of the Enforcement Bureau's San Diego Office inspected antenna structure # 1011272 located at the coordinates 32⁰ 46' 35" north and 115⁰ 33' 01" west, in El Centro, California, and observed the following violation:

  + 47 C.F.R. § 17.57:  "The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854)."  The agent observed that no antenna structure existed at those coordinates, and that the Commission had not been notified of the dismantlement of the antenna structure.  

* 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, KXO, 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.

* In accordance with Section 1.16 of the Rules, we direct KXO to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of KXO with personal knowledge of the representations provided in KXO'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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA  92111

* This Notice shall be sent to KXO, Inc., at its address of record.  

* 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


James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau