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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Bruce L. Miller ) File No. EB-06-DV-435

   Antenna Structure Registrant )

   ASR No. 1052370 )

   Englewood, Colorado ) NOV No. V20073280008


                              NOTICE OF VIOLATION

   Released: January  17, 2007

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Bruce L. Miller, registrant of
       antenna structure # 1052370 in Englewood, Colorado.

    2. On November 27 and November 28, 2006, an agent of the Enforcement
       Bureau's Western Regional Office conducted a visual inspection of
       antenna structure # 1052370, located at 3150 S. Vallejo Street,
       Englewood, Colorado, and observed the following violation:

   a. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
   registered with the Commission and has been assigned lighting
   specifications referenced in this part: (a) Shall report immediately by
   telephone or telegraph to the nearest Flight Service Station or office of
   the Federal Aviation Administration any observed or otherwise known
   extinguishment or improper functioning of any top steady burning light or
   any flashing obstruction light, regardless of its position on the antenna
   structure, not corrected within 30 minutes. Such reports shall set forth
   the condition of the light or lights, the circumstances which caused the
   failure, the probable date for restoration of service, the FCC Antenna
   Structure Registration Number, the height of the structure (AGL and AMSL
   if known) and the name, title, address, and telephone number of the person
   making the report. Further notification by telephone or telegraph shall be
   given immediately upon resumption of normal operation of the light or
   lights." The antenna structure registration for this tower specifies that
   the structure must conform to the FAA's painting and lighting
   recommendations as referenced in the FAA Circular Number 70/7460-1G,
   Chapters 3, 4, 5, and 9,  which require a flashing top beacon. At the time
   of the observation, the top beacon was observed burning continuously. The
   malfunction of the top beacon was not known to the ASR registrant until a
   phone conversation with an FCC agent on November 28, 2006. The ASR
   registrant was advised to contact the FAA and have a NOTAM issued on this

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Bruce L. Miller, 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 Bruce L. Miller. 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 Office

   215 South Wadsworth Blvd., Suite 303

   Lakewood, Colorado 80226-1566

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Bruce L. Miller at his address of

    5. The Privacy Act of 1974 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   See 47 C.F.R. S 17.23.

   47 U.S.C. S 403.

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

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission