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 )


   Prairie View A&M University ) File No. EB-09-HU-0039

   Owner of Antenna Structure # 1056336 ) NOV No. V200932540009

   Prairie View, Texas )



                              NOTICE OF VIOLATION

                                                       Released:  May 4, 2009

   By the Resident Agent, Houston Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Prairie View A&M University, owner
       of antenna structure # 1056336 in Prairie View, Texas.

    2. On April 28, 2009, an agent of the Commission's Houston Office of the
       Enforcement Bureau observed antenna structure # 1056336 located near
       Prairie View, Texas, and observed the following violation(s):

     a. 47 C.F.R. S: 17.48(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: 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." An investigation by this office has determined that,
        although you were aware that a mid-level flashing obstruction beacon
        was not operating and had contacted vendors to replace the light, the
        Federal Aviation Administration was not notified within 30 minutes of
        your observation of this light outage.

     b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." After
        local sunset, one of the two mid-level red flashing obstruction
        beacons was not operating. Additionally, none of the side marker
        lights at the . level or the . level were operational. The top
        obstruction light was operating properly.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Prairie View A&M
       University, must submit a written statement concerning this matter
       within twenty (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 tower owner. 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

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    4. This Notice shall be sent to Prairie View A&M University, 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.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   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