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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Case Tucker Communications, Inc. ) File No. EB-07-CF-015
Antenna Structure Registrant )
ASR# 1061173 ) NOV No. V20073234003
Upper Marlboro, Maryland )
)
)
NOTICE OF VIOLATION
Released: April 23, 2007
By the District Director, Columbia Field Office, Northeast, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Case Tucker Communications, Inc.
("Case Tucker"), registrant of antenna structure # 1061173 in Upper
Marlboro, Maryland.
2. On January 29, 2007, an agent from the Commission's Columbia Field
Office inspected antenna structure # 1061173 located East of Rt. 301
in Upper Marlboro, Maryland and observed the following violation:
47 C.F.R. S 17.17(a) provides that structures authorized prior to July 1,
1996, "may retain their present painting and lighting specifications, so
long as the overall height or site coordinates do not change." Case
Tucker's antenna structure #1061173 is 152 meters and was constructed in
1980. The FCC's ASR database specifies the structure is required to have
red obstruction lighting and aviation orange and white painting as
detailed in FCC Form 715/715A, Paragraphs 1, 3, 4, 13, and 21. During the
inspection, the agent observed that the antenna structure was equipped
with a white strobe lighting system rather than red obstruction lighting
and painting. In order to come into compliance with the Commission's
rules, Case Tucker 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, Case Tucker 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
Case Tucker, 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
Columbia Field Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to Case Tucker 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 T. Higgins
District Director
Columbia Field 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