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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Houston Cellular Telephone Company, LP ) File No. EB-07-HU-026
ASR # 1044973 )
Shepherd, Texas ) NOV No. V20073254002
)
)
)
NOTICE OF VIOLATION
Released: April 23, 2007
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Houston Cellular Telephone Company,
LP, owner of antenna structure # 1044973 in Shepherd, Texas.
2. On March 20, 2007, an agent of the Commission's Houston Office
inspected antenna structure # 1044973 located in Shepherd, Texas, and
observed the following violation:
a. 47 C.F.R. S 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure to be registered on or before
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the FAA determination of "no hazard," as
referenced in the following FAA Advisory Circulars: AC 70/7460-1J,
"Obstruction Marking and Lighting," effective January 1, 1996, and AC
150/5345-43E, "Specification of Obstruction Lighting Equipment,"
dated October 19,1995. These documents are incorporated by reference
in accordance with 5 U.S.C. 552(a). The documents contain FAA
recommendations for painting and lighting structures which pose a
potential hazard to air navigation. For purposes of this part, the
specifications, standards, and general requirements stated in these
documents are mandatory. ... " At the time of inspection, antenna
structure # 1044973 was not properly painted, but instead had red
obstruction lights and a white strobe light installed. The white
strobe light, which was installed at the top of the structure, was
operating at the time of inspection. The Commission's antenna
structure registration record for this structure requires the
structure to be painted and utilize red obstruction lighting from
dusk to dawn.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Houston Cellular
Telephone Company, LP, 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 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to Houston Cellular Telephone Company, LP 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
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
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