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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Time Warner Entertainment Company, LP ) File No. EB-04-
DT-370
)
ASR #1016327 ) NOV No.
V20043236017
London, Ohio )
NOTICE OF VIOLATION
Released:
September 23, 2004
By the District Director, Detroit Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Time
Warner Entertainment Company, LP (``Time Warner'').
2. On July 20, 2004, this office received information
reporting that your antenna tower located in London, Ohio,
Antenna Structure Registration (``ASR'') #1016327, has strobes
operating day and night but should have strobes on during the day
and red lights at night. Subsequently, a Letter of Inquiry
(``LOI'') was sent to Time Warner on July 22, 2004 requesting
information about this structure. Based upon your response, you
are in violation of the following:
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 painting and
lighting recommendations set forth on the structure's
FAA determination of ``no hazard,''... as referenced in
the FAA Advisory Circulars...'' The specifications for
ASR #1016327 are assigned according to FAA Circular
70/7460-1K, chapters 4, 8 and 12. Medium intensity
lighting should be used during the daytime and red
lighting at nighttime. However, you have installed
medium intensity lighting on the tower for daytime and
nighttime, FAA Circular 70/7460-1K, chapters 4, 6 and
12. You are not authorized to change the lighting on
this structure unless the Federal Aviation
Administration (``FAA'') approves it. In addition, the
FCC must authorize any lighting change.
b. 47 C.F.R. § 17.57: ``The owner of an antenna
structure for which an Antenna Structure Registration
Number as been obtained must notify the Commission
within 24 hours of completion of construction...'' The
information you supplied to the Commission does not
correctly indicate the lighting on the antenna
structure.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the Commission's
Rules, Time Warner Entertainment Company, LP, 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335-1552
4. This Notice shall be sent to Time Warner Entertainment
Company, LP, 13241 Woodland Park Road, Herndon, Virginia 20171.
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
your 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
James A. Bridgewater
District Director
Detroit Office
Cc: Time Warner Entertainment Company, LP
1266 Dublin Road
Columbus, Ohio 43215
_________________________
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