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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Triangle Construction Inc. Profit Sharing Plan ) File No. EB-07-SD-120
Registrant of Antenna Structure )
ASR #1250965 )
Sun City, Arizona ) NOV No. V20073294015
NOTICE OF VIOLATION
July 25, 2007
By the District Director, Western Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Triangle Construction Inc. Profit
Sharing Plan, owner of antenna structure # 1250965 in Sun City,
Arizona.
2. On April 28, 2007, agents of the Commission's San Diego Office
inspected antenna structure # 1250965 in Sun City, Arizona, and
observed the following violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible at
the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of the inspection, the agents found no
antenna structure registration number posted on the tower or tower
base.
b. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." According to its antenna structure registration,
antenna structure # 1250965 is required to be painted in aviation
orange and white. At the time of inspection, the antenna structure
was recently painted with three white bands but the four orange bands
of paint were faded.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Triangle Construction Inc.
Profit Sharing Plan, 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111
4. This Notice shall be sent to Triangle Construction Inc. Profit Sharing
Plan 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
William R. Zears Jr.
District Director
San Diego Office
Western 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