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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Jackson ) File No. EB-04-
DT-557
)
ASR #1237486 ) NOV No.
V20053236004
Hanover, MI )
)
NOTICE OF VIOLATION
Released: January 19, 2005
By the District Director, Detroit 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 the
County of Jackson (``Jackson County''), owner of antenna
structure 1237486 located in Hanover, Michigan.
2. On November 29, 2004, this office received information
reporting that the tower lights were out on this structure.
On December 2, 2004, an agent from the Commission's Detroit
Office inspected this structure and observed the following
violation(s):
a. 47 C.F.R. § 17.4(g): ``Except as described in
paragraph (h) of this section, the Antenna Structure
Registration Number must be displayed in a conspicuous
place so that it is readily visible near the base of the
antenna structure. Materials used to display the Antenna
Structure Registration Number must be weather-resistant
and of sufficient size to be easily seen at the base of
the antenna structure.'' Jackson County failed to post
the antenna structure registration number.
b. 47 C.F.R. § 17.48: ``The owner of any antenna
structure which is registered with the Commission and has
been assigned lighting specifications referenced in this
part: (a) 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...'' Jackson
County failed to notify the Federal Aviation
Administration of the tower light outage.
c. 47 C.F.R. § 17.51(a): ``All red obstruction
lighting shall be exhibited from sunset to sunrise unless
otherwise specified.'' Jackson County failed to have the
red obstruction lighting exhibited on the antenna
structure.
d. 47 C.F.R. § 17.57: ``The owner of an antenna
structure for which an Antenna Structure Registration
Number has been obtained must... notify the Commission...
using FCC Form 854 upon any change...'' Jackson County
filed the incorrect coordinates with the Commission.
3. Pursuant to Section 1.89 of the Commission's Rules,
Jackson County must submit a written statement concerning
this matter within twenty (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. 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 County of Jackson, 120
West Jackson, Jackson, Michigan 49201.
5. The Privacy Act of 19742 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.3
FEDERAL COMMUNICATIONS
COMMISSION
James A. Bridgewater
District Director
Detroit Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
2 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3 18 U.S.C. § 1001 et seq.