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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pinnacle Towers, Inc. )
ASR # 1035818 ) File No. EB-03-CF-
642
Mechanicsville, MD. )
) NOV No.
V20043234001
)
)
NOTICE OF VIOLATION
Released: December
16, 2003
By the Enforcement Bureau: Columbia Office
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Pinnacle Towers, Inc.
2. On December 10, 2003, an agent of the Commission's
Columbia Office inspected the antenna structure, a tower
ASR# 1035818 in Mechanicsville, Maryland and observed the
following violations:
2.a. 47 C.F.R. § 17.50: Antenna structures
requiring painting shall be cleaned or
repainted as often as necessary to maintain
good visibility. The paint on the tower is
faded and numerous black coaxial cables
attached to the tower obstructed clear
visibility of the tower painting.
2.b. 47 C.F.R. §17.57: The owner of an antenna
structure requiring painting must immediately
notify the Commission using FCC Form 854 upon
any change in ownership information. The FCC
antenna registration database still lists the
former owner of the tower.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Pinnacle Towers, Inc. 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 the company with
personal knowledge of the matter. 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
Columbia Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to Pinnacle Towers, Inc., 301
N. Cattleman Rd. 3rd Floor, Sarasota, FL 34232.
5. The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS
COMMISSION
Charles C. Magin
District Director,
Columbia Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.