**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

City of Lafayette ) File No. EB-03-OR-282

Licensee of Radio Station WEG265 )

1314 Walker Road ) NOV No. V20043262001

Lafayette, LA 70502 )

)

)

NOTICE OF VIOLATION

Released: November 5, 2003

By the District Director, New Orleans Office, Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to the City of
    Lafayette, licensee of radio station WEG265.

2.  On November 3 2003, agents of the Commission's New Orleans Office
    inspected an antenna structure associated with radio station WEG265
    located at coordinates N 30° 12\' 42.7\" and W 092° 00\' 30.4\" ,
    and observed the following violation(s):

    a.  47 C.F.R. § 17.4(a)(2): "For an existing antenna structure that
        had been assigned painting or lighting requirements prior to
        June 1, 1996, the owner must register the structure prior to
        June 1, 1998". This structure is not listed in the Commission\'s
        database as having been registered.

    b.  47 C.F.R. § 17.23 "The requirements found in § 17.23 relating to
        painting and lighting of antenna structures shall not apply to
        those structures authorized prior to June 1, 1996. Previously
        authorized structures may retain their present painting and
        lighting specifications, so long as the overall structure height
        or site coordinates do not change." The previously assigned
        specifications for this structure require the top red
        obstruction light to be positioned to insure unobstructed
        visibility of at least one of the lights from aircraft at any
        normal angle of approach. The position of the red obstruction
        light on this structure does not provided unobstructed
        visibility.

    c.  47 C.F.R. § 17.50 "Antenna structures requiring painting under
        this part shall be cleaned and repainted as often as necessary
        to maintain good visibility. " This paint on this structure has
        faded to the point where it no longer provides good visibility.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, the City
    of Lafayette must submit a written statement concerning this matter
    within 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 a
    principal or officer of the licensee with personal knowledge of the
    matter. 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
>
> New Orleans Office
>
> Room 460
>
> 2424 Edenborn Avenue
>
> Metairie, Louisiana 70001

4.  This Notice shall be sent to the City of Lafayette, 1314 Walker
    Road, Lafayette, Louisiana, 70502.

5.  The Privacy Act of 1974[^3] 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

James C. Hawkins

District Director

New Orleans Office

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*