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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Puerto Rico Electric Power Authority ) File No. EB-05-
SJ-034
Owner of Antenna Structure # 1232738 ) NOV No.
V20063268002
Atalaya, PR )
)
NOTICE OF VIOLATION
Released: November 4, 2005
By the Resident Agent, San Juan Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules1 to
Puerto Rico Electric Power Authority, owner of antenna
structure # 1232738.
2. On September 22, 2005, an agent of the
Commission's San Juan Office of the Enforcement Bureau
inspected antenna structure # 1232738, located at
Atalaya Substation, Ramal RD No. 411, Atalaya Ward,
Puerto Rico, and observed the following violation:
2.a. 47 C.F.R. § 17.51(a): ``All red
obstruction lighting shall be exhibited
from sunset to sunrise unless otherwise
specified.''
Antenna structure # 1232738 is required to
be painted and lit. Sunset in the local
area occurs at 6:00 p.m. On September 22,
2005, from 6:15 to 7:15 p.m., all of the
lights on the antenna structure were
extinguished. On September 23, 2005, no
notice of this extinguishment had been
reported to the Federal Aviation
Administration.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Puerto Rico Electric Power
Authority 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
San Juan Office
762 Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to Puerto Rico Electric
Power Authority at its address of record.
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
William Berry
Resident Agent
San Juan District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.