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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Charles S. Hayes, Inc. ) File No. EB-06-CG-501
Registrant of Antenna Structure )
ASR # 1212384 ) NOV No. V20063232004
Mishawaka, Indiana )
)
NOTICE OF VIOLATION
Released: September 25, 2006
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Charles S. Hayes, Inc., owner of
Antenna Structure #1212384 in Mishawaka, Indiana.
2. On June 29, 2006, an agent of the Commission's Chicago Office
inspected Antenna Structure #1212384 located in Mishawaka, Indiana,
and observed the following violation:
47 C.F.R. S 17.51(b): "All high intensity and medium intensity obstruction
lighting shall be exhibited continuously unless otherwise specified." At
the time of the inspection, the agent observed that the medium intensity
flashing white light was not operating.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Charles S. Hayes, 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 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
Chicago Office
1550 Northwest Highway, Suite 306
Park Ridge, Illinois 60068
4. This Notice shall be sent to Charles S. Hayes, 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