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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Cellular Corporation ) File No. EB-04-CG-113
)
ASR # 10422221042222 ) NOV No.
V20043232010
Campbellsville, Kentucky )
)
Attention: Jeffrey S. Cohen )
NOTICE OF VIOLATION
Released: March 29,
2004
By the District Director, Chicago Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to American
Cellular Corporation.
2. On March 16, 2004, an agent of the Commission's Chicago
Office inspected the antenna structure, ASR# 1042222, located at
Campbellsville, Kentucky and observed the following violation:
a. 47 C.F.R. § 17.17(a): ?The requirements found
in §17.23 relating to painting and lighting of
antenna structures shall not apply to those
structures authorized prior to July1, 1996.
Previously authorized structures may retain
their present painting and lighting
specifications, so long as overall structure
height or site coordianates do no change.?
Antenna Structure Registration, FCC Form 854,
specifies the structure listed above is
required to have red obstruction lighting. The
antenna structure is equipped with white
lighting systems rather than red obstruction
lighting.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
American Cellular 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(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 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
Chicago Office
1550 Northwest Highway, Room 306
Park Ridge, IL 60068
4. This Notice shall be sent to Jeffrey S. Cohen, American
Cellular Corporation, 2300 N Street, NW, Suite 700, Washington,
DC 20037.
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
G. Michael Moffitt
District Director
Chicago 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.