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Haugo Broadcasting, Inc., Rapid City, SD

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Haugo Broadcasting, Inc.
) File No.: EB-FIELDWR-13-00007895
Registrant of Antenna Structure No. 1042036
)

Rapid City, SD
)
NOV No.: V201332800050
)

NOTICE OF VIOLATION

Released:

May 16, 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)1 to Haugo Broadcasting, Inc. (Haugo), registrant of antenna structure number
1042036 in Rapid City, SD. 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(s) noted herein.2
2.
On April 1, 2013, an agent of the Enforcement Bureau’s Denver District Office inspected
antenna structure # 1042036 located at 2425 Golden Eagle Dr., Rapid City, SD, and observed the
following violation:
a.
47 C.F.R. § 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 painted and lit in accordance with
Chapters 3, 4, 5, and 13 of FAA Circular 70/7460-1H, where Chapter 5
specifies that the top light be flashing red. The agent observed the top light
to be steady burning, not flashing as required by the FAA determination.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Haugo 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.

Federal Communications Commission

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
4.
In accordance with Section 1.16 of the Rules, we direct Haugo to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Haugo with personal knowledge of the representations provided in Haugo’s response, verifying
the truth and accuracy of the information therein,5 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.6
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 Haugo Broadcasting, Inc., at its address of record.


4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

7.
The Privacy Act of 19747 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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