Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) State of South Dakota ) File No. EB-08-DV-0374 Registrant of Antenna Structure ) ASR # 1041090 ) NOV No. V200932800003 Bowdle, South Dakota ) NOTICE OF VIOLATION Released: November 7, 2008 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 Rules,1 to the State of South Dakota, registrant of antenna structure #1041090 in Bowdle, South Dakota. 2. On October 6, 2008, an agent from the Enforcement Bureau’s Denver Office inspected antenna structure #1041090, located in Bowdle, South Dakota, and observed the following violation: a. 47 C.F.R. § 17.50: "Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility." At the time of the inspection, the agent observed that the paint on antenna structure #1041090 was faded and the unpainted cables fastened to the outside of the antenna structure partially hid the paint on the tower. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, the State of South Dakota must submit a written statement concerning this matter within twenty (20) 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 an official of the State of South Dakota. 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: 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 Federal Communications Commission Denver District Office 215 S. Wadsworth Blvd., Suite 303 Lakewood, CO 80226 4. This Notice shall be sent by certified mail, return receipt requested, to State of South Dakota 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.