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

In the Matter of	)
	)
Blow Up LLC	)               File No. EB-FIELDWR-14-00014387
Antenna Structure Registrant	)
ASR # 1213943	)
	)	NOV No.  V201432860006
Honolulu, Hawaii	)
	)


NOTICE OF VIOLATION

	
		Released:  March 20, 2014

By the Resident Agent, Honolulu 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 Blow Up LLC, owner of antenna structure #1213943 in Honolulu, Hawaii.  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 December 21, 2013, and January 16, 2014, an agent of the Enforcement Bureau's Honolulu Office inspected antenna structure #1213943 located at the Hart Street Extension next to the Kapalama Canal, and observed the following violations:

  + 47 C.F.R. § 17.51(a):  "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified."  The antenna structure registration for antenna structure #1213943 requires a top flashing beacon and at least two steady burning lights at the mid-level.  At the time of the inspections, the agent observed extinguishment of one of the two steady burning lights at the mid-level.

  + 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 owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information."  At the time of the inspections, Blow Up LLC failed to notify the Commission of a change in ownership information.

* 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, Blow Up LLC 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 Blow Up 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 Blow Up LLC with personal knowledge of the representations provided in the 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
Honolulu Office
POB 971030
Waipahu, Hawaii 96797-1030


* This Notice shall be sent to Blow Up LLC 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



Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau