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Before the
Federal Communications Commission
Washington, D.C. 20554
)
Gregory Davis ) File No. EB-06-AT-022
Davis Broadcasting, Inc. )
2203 Wynnton Road ) NOV No. V20063248001
Columbus, GA 31906 )
)
)
NOTICE OF VIOLATION
Released: March 31, 2006
By the Atlanta Office Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued to Gregory Davis,
owner of antenna structure number 1055362, for violation of the
Commission's Rules. Pursuant to Section 303(q) of the Communications
Act of 1934, as amended, and Section 17.2(c) of the Commission's
Rules, the owner of an antenna structure is ultimately responsible for
compliance with the Commission's Rules governing the construction,
marking and lighting of the antenna structure.
2. On March 13, 2006, an agent of the Commission's Atlanta Office
inspected antenna structure 1055362 located at Jernigan, Alabama and
observed the following violation(s):
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." The antenna structure had no
ASR number visible.
b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications ...shall report immediately by telephone or telegraph
to the nearest Flight Service Station or office of the Federal
Aviation Administration any observed 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." The owner had not filed a report of a light
outage on this structure with the FAA.
c. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications must maintain a record of any observed or otherwise
known extinguishment or improper functioning of a structure light."
The owner failed to maintain records of light outages.
d. 47 C.F.R. S 17.51: "The Rules require that all high intensity and
medium intensity obstruction lighting be exhibited continuously
unless otherwise specified." The antenna structure requires high
intensity lights during the daylight and medium intensity lights
during the night installed at the top and mid-levels of the antenna
structure. The owner failed to exhibit any obstruction lighting on
its antenna structure number 1055362, in accordance with its antenna
structure registration and FAA requirements.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, you must submit a
written statement concerning this matter within ten (10) 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). 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
Atlanta Office
3575 Koger Boulevard, Suite 320
Duluth, Georgia 30096
4. 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
Fred L. Broce
District Director
Atlanta District Office
Enforcement Bureau
47 U.S.C. S 308(q)
47 C.F.R. S 17.2(c)
47 C.F.R. Pt. 17
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission