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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
American Towers, Inc. ) File No. EB-04-PO-
015
ASR# 1217535 )
Rockaway Beach, Oregon ) NOV No. V20043292002
5. NOTICE OF VIOLATION
Released: February
4, 2004
By the Resident Agent, Portland Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to American Towers, Inc.
On January 23, 2004, the FCC Portland Resident Agent Office
received a copy of a Notice To Airmen (``NOTAM'') referred from
the Federal Aviation Administration in McMinnville, Oregon. The
investigation from this Office revealed that since December 13,
2003, the FAA has issued four consecutive NOTAMs (MMV12/036, MMV
12/078, MMV 1/082, and MMV 1/0106) to a registered antenna
structure located in Rockaway Beach, Oregon due to problems with
the antenna structure's lighting equipment. FCC records show that
the referenced antenna structure was registered to American
Towers, Inc. under Antenna Structure Registration Number 1217535.
The geographic coordinates for this antenna site are N45-40-26,
W123-54-15.
Section 17.56(a) of the Commission's Rules, 47
C.F.R. § 17.56(a), states that ``Replacing or
repairing of lights, automatic indicators or
automatic control or alarm systems shall be
accomplished as soon as practicable.''
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
American 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 taken to correct the violation
and preclude recurrence, and should include a time line for
completion of pending corrective action. The response must be
complete in itself and signed by a principal or officer of the
licensee 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
Portland Resident Agent Office
P.O.Box 61469
Vancouver, WA 98666
This Notice shall be sent to American Towers, Inc., 6802 S.
220th St., Kent, Washington, 98032.
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
Binh Nguyen
Resident Agent
Portland 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.