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South Dakota Board of Directors for Educational Television, Clark, SD

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
South Dakota Board of Directors for Educational
) File No.: EB-FIELDWR-13-00010390
Television DBA = South Dakota Public
)
Broadcasting Network
)
NOV No.: V201432800002
Owner of Antenna Structure No. 1049726
)
)
Clark, SD
)

NOTICE OF VIOLATION

Released:

November 7, 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 South Dakota Board of Directors for Educational Television DBA =
South Dakota Public Broadcasting Network (SDPBN), registrant of Antenna Structure # 1049726 by
Clark, 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 noted herein.2
2.
On July 31, 2013, an agent of the Enforcement Bureau’s Denver District Office inspected
Antenna Structure # 1049726, located approximately five miles south of Clark, SD, 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.” The agent observed that the paint was faded and chipped.
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, SDPBN 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.4


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Rules, we direct SDPBN to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of SDPBN with personal knowledge of the representations provided in SDPBN’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 South Dakota Board of Directors for Educational Television
DBA = South Dakota Public Broadcasting Network at its address of record.
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


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.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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