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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Commercial Radio Service Inc. ) File No EB-06-CG-457
Registrant of Antenna Structure )
ASR # 12396091002865 ) NOV No. V20063232003
Reelsville, Indiana )
)
NOTICE OF VIOLATION
Released: August 14, 2006
By the District Director, Chicago District Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Commercial Radio Service Inc.,
registrant of an antenna structure in Reelsville, Indiana, Antenna
Structure Registration ("ASR") Number 1002865.
2. On June 21, 2006, an agent of the Commission's Chicago District Office
inspected the antenna structure,1002865, located at Reelsville,
Indiana, 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." At the time of
inspection, the ASR Number was not visible at the base of the
structure.
b. 47 C.F.R. S 17.23: "...each new or altered antenna structure...must
conform to the FAA's painting and lighting recommendations set forth
on the structure's determination of "no hazard"..." The FCC's ASR
database specifies painting and lighting specifications in accordance
with FAA Circular Number 70/7460-1G, Chapters 3, 4, 5 and 9. Chapter
3 requires painting with alternate bands of aviation orange and
white, and Chapter 5 requires red obstruction lighting. . The antenna
structure does not conform to these recommendations, but is equipped
with a high intensity flashing white obstruction lighting system, and
therefore is in violation of 47 C.F.R. S 17.23. In order to come into
compliance with the Commission's rules, Commercial Radio Service,
Inc. must: (1) obtain a new FAA "no hazard" determination indicating
that the current lighting system is permitted and then submit a
modified antenna structure registration to reflect the new "no
hazard" determination or (2) submit a modified registration if a new
FAA "no hazard" determination already has been obtained.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Commercial Radio Service
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 Commercial Radio Service 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
Chicago Office
1550 N. Northwest Hwy, Suite 306
Park Ridge, Illinois 60068
4. This Notice shall be sent to Commercial Radio Service Inc. at its
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
G. Michael Moffitt
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
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