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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
AAT Communications Corporation ) File No. EB-04-PO-
038
ASR# 1216181 )
Emmett, Idaho ) NOV No. V20043292003
5. NOTICE OF VIOLATION
Released: March 11,
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 AAT Communications
Corporation.
On March 8, 2004, the FCC Portland Resident Agent Office
received a copy of a Notice to Airmen (``NOTAM'') referred from
the Federal Aviation Administration in Boise, Idaho. The
investigation from this Office revealed that since February 7,
2004, the FAA has issued three consecutive NOTAMs (BOI D 02/023,
BOI D 03/009, and BOI D 03/024) to a registered antenna structure
located in Little Canyon near Emmett, Idaho due to problems with
the antenna structure's lighting equipment. FCC records show
that the referenced antenna structure was registered to AAT
Communications Corporation, under Antenna Structure Registration
Number 1216181. The geographic coordinates for this antenna site
are N43-48-38, W116-29-03.
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.''
3. In addition, your FCC Antenna Structure
Registration for the referenced antenna structure was
incorrectly registered. The obstruction marking and
lighting, Chapters 4, 8 (M-Dual), and 12, specified by the
FAA Aeronautical Study Number 00-ANM-0927-OE, were not
included in the FCC Antenna Structure Registration Number
1216181.
Section 17.22 of the Commission's Rules, 47 C.F.R.
§ 17.22, states that ``Whenever painting or
lighting is required, the Commission will
generally assign specifications in accordance with
FAA Advisory Circulars.''
4. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and
Section 1.89 of the Commission's Rules, AAT Communications
Corporation 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 violations 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
5. This Notice shall be sent to AAT Communications
Corporation, 517 Route One South, Suite 5000, Iselin, NJ 08830.
6. 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.