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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Bruce L. Miller ) File No. EB-06-DV-435
Antenna Structure Registrant )
ASR No. 1052370 )
Englewood, Colorado ) NOV No. V20073280008
)
NOTICE OF VIOLATION
Released: January 17, 2007
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Bruce L. Miller, registrant of
antenna structure # 1052370 in Englewood, Colorado.
2. On November 27 and November 28, 2006, an agent of the Enforcement
Bureau's Western Regional Office conducted a visual inspection of
antenna structure # 1052370, located at 3150 S. Vallejo Street,
Englewood, Colorado, and observed the following violation:
a. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a) Shall report immediately by
telephone or telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration any observed or otherwise known
extinguishment or improper functioning of any top steady burning light or
any flashing obstruction light, regardless of its position on the antenna
structure, not corrected within 30 minutes. Such reports shall set forth
the condition of the light or lights, the circumstances which caused the
failure, the probable date for restoration of service, the FCC Antenna
Structure Registration Number, the height of the structure (AGL and AMSL
if known) and the name, title, address, and telephone number of the person
making the report. Further notification by telephone or telegraph shall be
given immediately upon resumption of normal operation of the light or
lights." The antenna structure registration for this tower specifies that
the structure must conform to the FAA's painting and lighting
recommendations as referenced in the FAA Circular Number 70/7460-1G,
Chapters 3, 4, 5, and 9, which require a flashing top beacon. At the time
of the observation, the top beacon was observed burning continuously. The
malfunction of the top beacon was not known to the ASR registrant until a
phone conversation with an FCC agent on November 28, 2006. The ASR
registrant was advised to contact the FAA and have a NOTAM issued on this
matter.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Bruce L. Miller, must
submit a written statement concerning this matter within 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 Bruce L. Miller. 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
Denver Office
215 South Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226-1566
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Bruce L. Miller at his 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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
See 47 C.F.R. S 17.23.
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