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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Waldec Enterprises, Inc. ) File No. EB-07-AN-039
Antenna Structure Registrant )
ASR # 1253674 )
Anchorage, Alaska ) NOV No. V20073278005
NOTICE OF VIOLATION
Released: August 30, 2007
By the Resident Agent, Anchorage Resident Agent 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 Waldec Enterprises, Inc.,
registrant of antenna structure number 1253674 in Anchorage, Alaska.
2. On August 10, 2007, an agent of the Enforcement Bureau's Anchorage
Office inspected antenna structure number 1253674 located at
Anchorage Alaska, 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 after January 1,
1996, must conform to the FAA's painting and lighting recommendations set
forth on the structure's 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 for Obstruction Lighting Equipment," dated October 19,
1995. Antenna structure number 1253674 requires painting and lighting
requirements as specified by FAA Circular Number 70/7460-1K, FAA Chapters
4, 5, 12. Chapter 5 requires structures exceeding 150 feet (46m) AGL to
have at least one red flashing (L-864) beacon installed in a manner to
ensure an unobstructed view of one or more lights by a pilot. The agent
observed that the structure did not have one red flashing beacon installed
but instead had one side-by-side red light mounted on top of the antenna
structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Waldec Enterprises, Inc.,
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 a principal or officer of
Waldec Enterprises, Inc. 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
Anchorage Resident Agent Office
P.O. Box 221849
Anchorage, Alaska 99522-1849
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Waldec Enterprises, 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
Marlene Windel
Resident Agent
Anchorage Resident Agent 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