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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   ACS Wireless, Inc. ) File No. EB-08-AN-0047 

   Antenna Structure Registrant )

   ASR # 1244328 )  NOV No. V200832780021

   North Pole, Alaska )

                              NOTICE OF VIOLATION

                                                      Released: June  9, 2008

   By the Resident Agent, Anchorage Resident Agent  Office, Western Region,
   Enforcement Bureau:

    1. This is a  Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to ACS Wireless, Inc.,  registrant of
       antenna structure #1244328 in Fairbanks, Alaska.

    2. On May 15, 2008, at approximately 2:45 p.m., agents of the Enforcement
       Bureau's  Anchorage Resident Agent  Office inspected  antenna
       structure #1244328  located off Chena Hot Springs Road, in Fairbanks,
       Alaska, and observed the following violations:

     a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
        section, the Antenna Structure Registration Number must be displayed
        in a conspicuous place so that it is readily visible near the base of
        the antenna structure. Materials used to display the Antenna
        Structure Registration Number must be weather-resistant and of
        sufficient size to be easily seen at the base of the antenna
        structure."  At the time of the inspection, the agents did not locate
        an Antenna Structure Registration number posted at or in the vicinity
        of the antenna structure's base.

     b. 47 C.F.R. S: 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," as referenced in the following FAA Advisory Circulars: AC
        70/7460-1J, "Obstruction Marking and Lighting," effective January 1,
        1996, and AC 150/5345-43E, "Specification for Obstruction Lighting
        Equipment," dated October 19, 1995. For purposes of this part, the
        specifications, standards, and general requirements stated in these
        documents are mandatory." The ASR for antenna structure #1244328
        requires lighting specifications in accordance with Chapter 5, FAA
        Circular Number 70/7460-1K, which requires a red obstruction light
        system. The number of light levels is determined by the height of the
        structure, including all appurtenances.  The number of lights on each
        level is determined by the shape and height of the structure. These
        lights should be mounted so as to ensure an unobstructed view of at
        least one light by a pilot. Mid-level red obstruction lighting is
        required for structures between 46 m to 107 m. Antenna structure
        #1244328 is 54.9 meters in height and at the time of inspection, the
        agents did not observe red obstruction lights mounted at the
        mid-level of the antenna structure.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, ACS Wireless, Inc.  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
       ACS Wireless.  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

   Anchorage Resident Agent Office

   P.O. Box 221849

   Anchorage, Alaska 99522-1849

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to ACS Wireless, Inc. at its 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.


   Marlene Windel

   Resident Agent

   Anchorage Resident Agent  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