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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Towers, Inc. ) File No. EB-04-NY-
294
)
ASR # 1061739 ) NOV No. V20053238013
Boston, MA )
NOTICE OF VIOLATION
Released: November
17, 2004
By the District Director, New York Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
American Towers, Inc.
2. On November 9, 2004, an agent of the Commission's New
York Office inspected the antenna structure, ASR# 1061739,
located atop Illinois Mountain, Highland, New York, and
observed the following violations:
AI.1.a)i)1)a)i.a. 47 C.F.R. §17.48(a): ``The
owner of any antenna structure which is registered
... Shall report immediately by telephone or
telegraph to the nearest Flight Service Station or
office of the Federal Aviation Administration any
observed or otherwise known extinguishment or
improper functioning of any top steady burning
light or any flashing obstruction light,
regardless of its position on the antenna
structure, not corrected within 30 minutes. Such
reports shall set forth the condition the light or
lights, the circumstances which caused the
failure, the probable date for restoration of
service...'' The tower light at the two-thirds
level was not in operation. Flashlight
Technologies, the alarm company for American
Towers, Inc., notified the New York Automated
Flight Service Station of the light outage on
September 21, October 5, 19 and November 2, 2004,
but failed to report a return to service date.
AI.1.a)i)1)a)i.b. 47 C.F.R. § 17.56(a):
"Replacing or repairing of lights, automatic
indicators or automatic control alarm systems
shall be accomplished as soon as practicable." At
the time of inspection, it was determined that the
tower light at the two-thirds level had not been
in operation since September 21, 2004. Because of
hazards to air navigation due to the 272.5 meter
height of the tower, American Towers, Inc. must
diligently investigate the ongoing problem and
resolve the light failure.
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 Towers, 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
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 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to American Towers, Inc., 116
Huntington Avenue, Boston, MA 02116.
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
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
_________________________
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.