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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Everglades Harvesting and Hauling, Inc. ) File No.:

   Owner of Antenna Structure No. 1203137 ) NOV No.: V201232600010


   Felda, FL )


                              NOTICE OF VIOLATION

   Released: July 11, 2012

   By the Resident Agent, Miami 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 Everglades Harvesting and Hauling, Inc.
       (Everglades), owner of antenna structure number 1203137 in Felda,

    2. On June 28, 2012, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1203137 located in Felda, Florida,
       and observed the following violations:

       a. 47 C.F.R. S: 17.4(g): "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 inspection, the
          Antenna Structure Registration Number was not readily visible at or
          near the base of antenna structure number 1203137.

       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 Federal Aviation
          Administration's ("FAA's") painting and lighting recommendations
          set forth on the structure's FAA determination of "no hazard," as
          referenced in the. . .FAA Advisory Circulars." The FCC's Antenna
          Structure Registration (ASR) database currently indicates that the
          antenna structure requires aviation orange and white paint and red
          obstruction lighting in accordance with FAA Circular Number
          70/7460-1H, Chapters 3, 4, 5, and 13. The antenna structure does
          not conform to these recommendations. The agent observed a flashing
          white strobe at the top of the structure, as it appears the
          structure is equipped with a dual lighting system. Therefore, it is
          in violation of 47 C.F.R. S: 17.23. In order to come into
          compliance with the Commission's rules, Everglades must do one of
          the following: (1) obtain a new FAA "no hazard" determination
          indicating that the current lighting system is permitted and then
          submit a modified antenna structure registration to reflect the new
          "no hazard" determination, (2) submit a modified registration if a
          new FAA "no hazard" determination already has been obtained, or (3)
          come into compliance with the current requirements.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's rules, Everglades 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 Everglades.
       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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152

    4. This Notice shall be sent to by Certified Mail, Return Receipt
       Requested, and First Class Mail to Everglades 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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central 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