Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cleveland Communications, Inc. ) File No. EB-06-DT-442
Antenna Structure Registrant )
ASR# 1034096 ) NOV No. V20073236003
Newberry, Michigan )
)
)
NOTICE OF VIOLATION
Released: October 23, 2006
By the District Director, Detroit Office, Northeast, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Cleveland Communications, Inc.
("Cleveland"), registrant of antenna structure # 1034096 in Newberry,
Michigan.
2. On September 22, 2006, an agent of the Commission's Detroit Office
inspected antenna structure # 1034096 located at County Road 402, 1500
feet north of State Route 28, Newberry, Michigan, and observed the
following violation:
47 C.F.R. S 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 Circular..." Cleveland's antenna structure is 343 feet and
the FCC's ASR database specifies painting and lighting specifications for
antenna structure #1034096 in accordance with FAA Chapters 4, 8 and 13,
FAA Circular Number 70/7460-1J. Chapter 8 requires a dual lighting system
with red obstruction lighting at night and white flashing lights during
the day. At the time of the inspection, the agent observed that the
structure did not have white flashing lights during the day, but was
painted. In order to come into compliance with the Commission's rules,
Cleveland 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, Cleveland Communications,
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 Cleveland Communications, Inc. with personal
knowledge of the matter. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335-1552
4. This Notice shall be sent to Cleveland Communications, 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
James A. Bridgewater
District Director
Detroit 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