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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nick Huber ) File No. EB-06-KC-033
Owner of Antenna Structure # 1057466 )
Jackson, Missouri ) NOV No. V20063256002
NOTICE OF VIOLATION
Released: February 28, 2006
By the District Director. Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Nick Huber, owner of antenna
structure # 1057466 in Jackson, Missouri.
2. On February 16, 2006, an agent of the Commission's Kansas City Office
inspected antenna structure # 1057466 in Jackson, Missouri and
observed the following violations:
a. 47 C.F.R. S 17.4(g): "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." At the time of inspection, no Antenna Structure
Registration Number was visible at the base of the structure.
b. C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part shall make an observation of
the antenna structure's lights at least once each 24 hours either
visually or by observing an automatic properly maintained indicator
designed to register any failure of such lights, to insure that all
such lights are functioning properly as required." The malfunction of
the top beacon was not known to the tower owner until a phone
conversation on February 22, 2006, six days after initial inspection.
c. 47 C.F.R. S 17.47(b): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part shall inspect at intervals not
to exceed 3 months all automatic or mechanical control devices,
indicators, and alarm systems associated with the antenna structure
lighting to insure that such apparatus is functioning properly." No
quarterly tower inspections had been conducted.
d. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part 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 of the light or
lights, the circumstances which caused the failure, the probable date
for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report. Further notification by telephone or telegraph shall be given
immediately upon resumption of normal operation of the light or
lights." The malfunction of the top beacon was not known to the tower
owner until a phone conversation on February 22, 2006, six days after
initial inspection. The FAA/FSS in St. Louis had no record of any
outage of any type for antenna structure # 1057466 for the month of
February 2006.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Nick Huber 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
Kansas City Office
520 NE Colbern Road
Lee's Summit, MO. 64086-4711
4. This Notice shall be sent to Nick Huber at the address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
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Federal Communications Commission