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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   GCI Communications Corp )  File No. EB-FIELDWR-13-00008430

   Antenna Structure Registrant )

   ASR No. 1212295 ) NOV No. V201332780017

   Anchorage, Alaska )


                              NOTICE OF VIOLATION

                                                        Released: May 9, 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 GCI Communications Corp. (GCI),
       registrant of antenna structure  #1212295 in the 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 29, 2013, at approximately 9:30 AM, an agent of the
       Enforcement Bureau's Anchorage Resident Agent Office inspected antenna
       structure #  1212295  located on the roof top of West High School at
       1700 Hillcrest Dr. Anchorage, Alaska, and observed the following

   a. 47 C.F.R. S  17.57: "The owner of an antenna structure for which an
   Antenna Structure Registration Number has been obtained must notify the
   Commission within 24 hours of completion of construction (FCC Form 854-R)
   and/or dismantlement (FCC Form 854). The owner must also immediately
   notify the Commission using FCC Form 854 upon any change in structure
   height or change in ownership information."  GCI  failed to notify the
   Commission of a change in ownership information.

   b. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be exhibited
   from sunset to sunrise unless otherwise specified." At the time of
   inspection, only the bottom bulb of a L-864 obstruction light flashed red
   as required. The top bulb was non-functional.

   c. 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." GCI failed to notify the FAA
   of the improper functioning of the top mounted flashing light.

    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, GCI  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 GCI to support
       its response to this Notice with an affidavit or declaration under
       penalty of perjury, signed and dated by an authorized officer of GCI
       with personal knowledge of the representations provided in GCI'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 GCI Communications Corp. 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