Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Questar InfoComm, Inc. ) File No. EB-08-DV-031

   Antenna Structure Registrant )

   ASR No. 1247234 )

   La Barge, Wyoming ) NOV No. V20083280005

                              NOTICE OF VIOLATION

   Released: February 20, 2008

   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 Questar InfoComm, Inc. ("Questar"),
       registrant of antenna structure # 1247234 in La Barge, Wyoming.

    2. On January 17, 2008, at approximately 8:26 a.m. (MST), agents of the
       Enforcement Bureau's Denver Office inspected antenna structure #
       1247234, located atop Chimney Butte, approximately nine miles north of
       La Barge, Wyoming, and observed the following violations:

     a. 47 C.F.R. S: 17.4(b): "[E]ach owner of . . . [an antenna] structure .
        . . must submit a valid FAA determination of 'no hazard.' In order to
        be considered valid by the Commission, the FAA determination of 'no
        hazard' must not have expired prior to the date the on which FCC Form
        854 is received by the Commission." The antenna structure
        registration ("ASR") for antenna structure # 1247234 reflects
        painting and lighting specifications of FAA Chapters 3, 4, 5, and 13,
        in accordance with FAA Circular Number 70/7460-1J. These Chapters
        require red obstruction lighting and painting (See FAA Study,
        1996-ANM-0102-OE). On October 15, 2007, an FAA Study, specifically,
        2007-ANM-2956-OE, was issued for antenna structure # 1247234 that
        changed the structure's painting and antenna lighting specifications
        to Chapters 4, 6, and 12, in accordance with FAA Circular Number
        70/7460-1K, which required Medium Intensity Strobe Lighting only. The
        previous FAA Study, 1996-ANM-0102-OE was terminated upon issuance of
        the new Study on October 15, 2007. At the time of the agents' January
        17, 2008, inspection, medium intensity top strobe lighting was
        observed. Based on the agent's review of the FCC's Antenna Structure
        records, Questar failed to notify the Commission that the antenna
        structure's painting and lighting specifications were changed.

   b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
   Antenna Structure Registration Number has been obtained must notify the
   Commission within 24 hours of completion of construction (FCC Form 854-R)
   and/or dismantlement (FCC Form 854)." Based on the agents' review of the
   FCC's Antenna Structure Registration records which reflect a status of
   "Granted", Questar failed to notify the Commission that the antenna
   structure, ASR #1247234, had been constructed.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Questar, 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 Questar.
       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 S. Wadsworth Blvd., Suite 303

   Lakewood, Colorado 80226

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Questar InfoComm, Inc., at its address
       of record.

    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.

   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