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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   GTE Mobilnet of South Texas LP ) File No. EB-09-HU-0041

   Owner of Antenna Structure # 1048901 ) NOV No. V200932540011

   Houston, Texas )



                              NOTICE OF VIOLATION

                                                      Released:  May 13, 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 GTE Mobilnet of South Texas LP,
       owner of antenna structure # 1048901 in Houston, Texas.

    2. On April 28, 2009, an agent of the Commission's Houston Office of the
       Enforcement Bureau observed antenna structure # 1048901 located near
       Houston, Texas, and observed the following violation(s):

     a. 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... ."
        The antenna structure registration for antenna structure number
        1048901 specifies that the owner is required to paint and light the
        structure "in accordance with FAA Circular Number 70/7460-1K." FAA
        Circular Number 70/7460-1K requires that medium intensity lights at
        the top level of a structure be installed at the highest point to
        provide a 360-degree coverage ensuring an unobstructed view.
        Additionally, any red flashing obstruction lighting should have a
        flash rate of between 20 and 40 flashes per minute. It was observed
        that the top medium intensity strobe light was side mounted at the
        top of the structure in a manner that did not provide an unobstructed
        view. Also at night the red obstruction beacon was flashing at a rate
        of about 120 times per minute.

     b. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a)(1) Shall make an
        observation of the antenna structure's lights at least once each 24
        hours either visually or by observing an automatic properly
        maintained indicator designed to register any failure of such lights,
        to insure that all such lights are functioning properly as required:
        or alternatively, (2) Shall provide and properly maintain an
        automatic alarm system designed to detect any failure of such lights
        and to provide indication of such failure to the owner." An
        investigation revealed that the automatic alarm system used for this
        antenna structure did not detect or provide indication that the red
        obstruction beacon at the top of the structure was malfunctioning and
        flashing at a rate grossly exceeding the FAA specification.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, GTE Mobilnet of
       South Texas LP, 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 GTE Mobilnet of South Texas LP, 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