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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wayne State University ) File No. EB-06-DT-472
Antenna Structure Owner )
ASR# 1019984 ) NOV No. V20073236005
Detroit, Michigan )
)
)
NOTICE OF VIOLATION
Released: November 6, 2006
By the District Director, Detroit 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 Wayne State University, owner of
antenna structure # 1019984 in Detroit, Michigan.
2. On January 6, 2006, an agent of the Commission's Detroit Office
inspected antenna structure # 1019984 located at 5057 Woodward Avenue,
Detroit, Michigan, and observed the following violation:
a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted
when. . . [t]hey exceed 60.96 meters (200 feet) in height above the
ground or they require special aeronautical study." The Wayne State
University antenna structure is 465 feet and the FCC's ASR database
specifies painting and lighting specifications for antenna structure
#1019984 in accordance with FCC Paragraphs A2 and H. FCC Paragraph A2
requires that the top and mid-levels of the antenna structure have
white capacitor discharge omnidirectional lights which conform to
FAA/DOD Specification L-865, Medium Intensity Obstruction Lighting
Systems. At the time of the inspection, the agent observed that the
structure did not have medium intensity lights at the mid-level.
b. 47. C.F.R.S 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been
obtained...must...immediately notify the Commission using FCC Form
854 upon any change in structure height or change in ownership
information." As of the date of this Notice, Wayne State University
has failed to notify the Commission that it now owns antenna
structure 1019984.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Wayne State University,
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 an officer of
Wayne State University 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 Wayne State University 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