Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) WWC License LLC ) File No. EB-10-DV-0290 Antenna Structure Registrant ) ASR # 1274704 ) NOV No. V201032800038 Hurley, South Dakota ) ) NOTICE OF VIOLATION Released: September 29, 2010 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 Rules1 to WWC License LLC ("WWC"), registrant of antenna structure # 1274704 in Hurley, South Dakota. 2. On August 10, 2010, an agent of the Enforcement Bureau's Denver Office inspected antenna structure # 1274704 located near Hurley, South Dakota, off South Dakota Highway 19, and observed the following violations: a. 47 C.F.R. § 17.4(g): "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." During the inspection, the agent observed that there was no antenna structure registration number posted at or near the base of the antenna structure. b. 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)." Based on the agent's review of the FCC's Antenna Structure Registration records which reflect a status of "Granted," WWC failed to notify the Commission that the antenna structure, ASR # 1274704, had been constructed. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, WWC must submit a written statement concerning this matter within 20 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of WWC. 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 4. This Notice shall be sent to WWC License LLC at its address of record. 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION Nikki P. Shears District Director Denver District Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.