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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Saco Tower Operators, Inc. ) File No. EB-05-
BS-105
Antenna Tower Registrant )
ASR # 1020829 ) NOV No.
V20063226004
Saco, Maine 04107 )
)
)
NOTICE OF VIOLATION
Released:
11/21/05
By the District Director, Boston Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules1 to
Saco Tower Operators, Inc., owner of antenna structure
#1020829 in Saco, Maine.
2. On September 14, 2005, an agent of the
Commission's Boston Office inspected antenna structure
#1020829 located at 95 Portland Road Route One, Saco,
Maine 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 . . . FAA
Advisory Circulars. . . .'' According to the
registration for antenna structure #1020829,
the structure must comply with the painting and
lighting specifications in Chapters 3, 4, 5,
and 13 of FAA Advisory Circular AC 70/7460. At
the time of the inspection, the agent observed
that the antenna structure was painted, but the
visibility of the paint was obstructed by
coaxial cables attached and running along two
sides of the face of the structure. The FAA
Advisory Circular requires that alternate bands
of aviation orange and white be displayed on
coaxial cables attached to the face of a tower.
See FAA Advisory Circular AC 70/7460-1K,
Chapter 3, Para. 33(d)(7).
3. Pursuant to Section 403 of the Communications Act
of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Saco Tower Operators, Inc., 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 Saco
Tower Operators, Inc. 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
Boston Office
1 Batterymarch Park
Quincy, MA 02169
4. This Notice shall be sent to Saco Tower Operators,
Inc. 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
Dennis Loria
District Director
Boston District Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 403
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.