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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   ACS Wireless, Inc. )  File No. EB-FIELDWR-12-00005502

   Antenna Structure Registrant )

   ASR #1204036 ) NOV No. V201332780004

   Eagle River, Alaska )


                              NOTICE OF VIOLATION

                                                  Released: December 19, 2012

   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 (Rules), to  ACS Wireless, Inc., registrant
       of antenna structure # 1204036 in Eagle River, Alaska.  Pursuant to
       Section 1.89(a) of the Rules, issuance of this Notice does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation noted herein.

    2. On November 29, 2012, at 6:00 p.m. and on November 30, 2012, at 7:00
       a.m., an agent of the Enforcement Bureau's Anchorage Resident Agent
       Office observed that the lights on antenna structure #1204036 were not
       operating and the structure was totally dark. Later, on November 30,
       2012, at 8:45 a.m. and 9:48 a.m., Anchorage agents inspected antenna
       structure #1204036 located  in Eagle's Nest Subdivision in Eagle
       River, Alaska, and observed the following violations:

     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 . . . FAA Advisory Circulars . . . ." 
        Antenna structure number 1204036 requires painting and lighting
        requirements as specified by FAA Chapters 4 and 5 in accordance with
        FAA Circular Number 70/7460-1J.  Chapter 5 requires to be mounted at
        the top of the antenna structure, at least one red flashing (L-864)
        beacon  to increase conspicuity during nighttime. The tower
        observations and inspection occurred during nighttime hours. The
        agents did not observe a top-mounted beacon flashing red. Chapter 5
        also requires to be mounted at the mid level of the antenna
        structure, steady burning (L-810) lights installed to increase
        conspicuity during nighttime. The tower observations and inspection
        occurred during nighttime hours. The agents did not observe steady
        burning lights at the mid level of the antenna structure.

   b.  47 C.F.R. S: Section 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." On November 29 and November
   30, 2012, during nighttime hours, the agents observed the tower structure
   totally dark.  On November 30, 2012, an agent contacted the FAA Kenai
   Flight Service Station and learned that no NOTAM had been issued
   concerning this antenna structure's lighting. The agent requested a NOTAM
   be initiated.

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken.  Therefore,
       ACS Wireless, Inc., must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Rules, we direct ACS Wireless,
       Inc. to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of ACS Wireless, Inc. with personal knowledge of
       the representations provided in ACS Wireless, Inc. response, verifying
       the truth and accuracy of the information therein, and confirming that
       all of the information requested by this Notice which is in the
       licensee's possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.

    5. 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 231949

   Anchorage, Alaska 99523-1949

    6. This Notice shall be sent to ACS Wireless, Inc.,  at its address of

    7. 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.


   Marlene Windel

   Resident Agent

   Anchorage Resident Agent  Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S:403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission