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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554\
4.
In the Matter of )
)
Westel-Indianapolis LLC ) File No. EB-04-CG-
454
)
ASR # 1204153 ) NOV No.
V20043232037
Attica, Illinois )
)
)
5. NOTICE OF VIOLATION
Released: August 5,
2004
By the District Director, Chicago Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Westel-Indianapolis
LLC.
On July 15, 2004, an agent of the Commission's Chicago
Office inspected the antenna structure, ASR# 1204153, located at
Attica, Illinois, and observed the following violation(s):
5.a. 47 C.F.R. § 17.23: ``Unless otherwise
specified by the Commission, each new or
altered antenna structure to be registered on
or after January 1, 1996, must conform to the
FAA's determination of ``no hazard.''... as
referenced in the FAA Advisory Circulars. The
specifications associated with this structure
indicate that dual lighting should be present
on the tower. The required strobe light is not
mounted on the structure.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Westel-Indianapolis LLC, 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
This Notice shall be sent to Westel-Indianapolis LLC, 17330
Preston Road, Suite 100A, Dallas, TX., 75252.
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.