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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Municipality of (ML&P) Anchorage )  File No. EB-FIELDWR-13-00006005

   Antenna Structure Registrant )

   ASR #1244329 ) NOV No. V201332780011

   Anchorage, Alaska )


                              NOTICE OF VIOLATION

                                                 Released: February  27, 2013

   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  the Municipality of Anchorage,
       registrant of antenna structure # 1244329 in Anchorage, 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 January 4 and 7, 2013, an agent of the Enforcement Bureau's
       Anchorage Resident Agent Office inspected antenna structure #1244329
       located  in the SE . of the SW . of Section 4 in Anchorage, Alaska,
       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 . . . FAA Advisory Circulars . . . ."
        Antenna structure #1244329 requires painting and lighting
        requirements as specified by FAA Chapters 4, 5, and 12 in accordance
        with FAA Circular Number 70/7460-1K.  Chapter 5 requires antenna
        structures between 45-107 meters to have intermediate red obstruction
        lighting mounted at the structure's mid-level. The agent did not
        observe obstruction lights mounted at the mid level.

   b.  47 C.F.R. S Section 17.51(a): "All red obstruction lighting shall be
   exhibited from sunset to sunrise unless otherwise specified." The agent
   did not observe red obstruction lights at the mid-level during nighttime

    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, the Municipality of Anchorage, 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 the
       Municipality of Anchorage to support its response to this Notice with
       an affidavit or declaration under penalty of perjury, signed and dated
       by an authorized officer of the Municipality of Anchorage with
       personal knowledge of the representations provided in the Municipality
       of Anchorage's 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 the Municipality of Anchorage at its
       address of record.

    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. S403.

   ^ 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