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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tower Power, Inc. ) File No. EB-04-PA-
153
)
Antenna Structure 1036481 ) NOV No.
V20053240001
)
Washington, Pennsylvania )
NOTICE OF VIOLATION
Released: October
13, 2004
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Tower Power, Inc., the owner of antenna structure 1036481 in
Washington, Pennsylvania.
2. On September 16, 2004 at 2:50 p.m., an agent of the
Commission's Philadelphia Office inspected antenna structure
1036481 and observed the following violation:
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 following FAA Advisory
Circulars: AC 70/7460-1J, ``Obstruction Marking and
Lighting,'' effective January 1, 1996, and AC 150/5345-
43E, ``Specifications for Obstruction Lighting
Equipment,'' dated October 19, 1995...The documents
contain FAA recommendations for painting and lighting
structures which pose a potential hazard to air
navigation. For purposes of this part, the
specifications, standards, and general requirements in
these documents are mandatory...'' The antenna
structure had a dual lighting system which was
comprised of white obstruction lighting for daytime
illumination and red obstruction lighting for nighttime
illumination. However, according to the Antenna
Structure Registration 1036481 and the FAA
determination of ``No Hazard'' (FAA Study 96-AEA-0433-
OE), the antenna structure must be painted for daytime
marking and display a red obstruction lighting system
between sunset and sunrise.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Tower Power, 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 actions taken to
correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective
actions. The response must be complete in itself and signed
by a principal or officer of the tower owner 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Tower Power, Inc., 701
Dorseyville Road, Pittsburgh, Pennsylvania 15238.
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
John E. Rahtes
District Director
Philadelphia 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.