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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ABC, Inc. )
Antenna Structure Registrant ) File No. EB-06-PA-177
ASR # 1035474 )
Philadelphia, Pennsylvania ) NOV No. 20073240002
)
)
)
NOTICE OF VIOLATION
Released: October 26, 2006
By the District Director, Philadelphia 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 ABC, Inc., registrant of antenna
structure # 1035474 in Philadelphia, Pennsylvania.
2. On September 18, 2006 at 6:25 a.m., an agent of the Commission's
Philadelphia Office inspected antenna structure # 1035474 which is
located at the foot of Culp Street near Domino Lane in Philadelphia,
Pennsylvania, and observed the following violations:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." On
September 18, 2006 at 6:25 a.m., the agent observed that the top
level red beacon on antenna structure 1035474 was extinguished.
b. 47 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 agent
determined that the automatic indicator for antenna structure
1035474, which is located at the studio of Television Station WPVI,
was only capable of registering a complete failure of all four levels
of flashing red obstruction lighting. It was not capable of
registering the failure of a portion of the structure's red
obstruction lighting. Consequently, ABC, Inc. was not aware that the
top level red beacon was extinguished until it was notified by the
Philadelphia Office at the time of the inspection.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, ABC, 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 actions. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to ABC, 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
Gene Stanbro
District Director
Philadelphia 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