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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Questar InfoComm, Inc. ) File No. EB-08-DV-031
Antenna Structure Registrant )
ASR No. 1247234 )
La Barge, Wyoming ) NOV No. V20083280005
NOTICE OF VIOLATION
Released: February 20, 2008
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 Questar InfoComm, Inc. ("Questar"),
registrant of antenna structure # 1247234 in La Barge, Wyoming.
2. On January 17, 2008, at approximately 8:26 a.m. (MST), agents of the
Enforcement Bureau's Denver Office inspected antenna structure #
1247234, located atop Chimney Butte, approximately nine miles north of
La Barge, Wyoming, and observed the following violations:
a. 47 C.F.R. S: 17.4(b): "[E]ach owner of . . . [an antenna] structure .
. . must submit a valid FAA determination of 'no hazard.' In order to
be considered valid by the Commission, the FAA determination of 'no
hazard' must not have expired prior to the date the on which FCC Form
854 is received by the Commission." The antenna structure
registration ("ASR") for antenna structure # 1247234 reflects
painting and lighting specifications of FAA Chapters 3, 4, 5, and 13,
in accordance with FAA Circular Number 70/7460-1J. These Chapters
require red obstruction lighting and painting (See FAA Study,
1996-ANM-0102-OE). On October 15, 2007, an FAA Study, specifically,
2007-ANM-2956-OE, was issued for antenna structure # 1247234 that
changed the structure's painting and antenna lighting specifications
to Chapters 4, 6, and 12, in accordance with FAA Circular Number
70/7460-1K, which required Medium Intensity Strobe Lighting only. The
previous FAA Study, 1996-ANM-0102-OE was terminated upon issuance of
the new Study on October 15, 2007. At the time of the agents' January
17, 2008, inspection, medium intensity top strobe lighting was
observed. Based on the agent's review of the FCC's Antenna Structure
records, Questar failed to notify the Commission that the antenna
structure's painting and lighting specifications were changed.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify the
Commission within 24 hours of completion of construction (FCC Form 854-R)
and/or dismantlement (FCC Form 854)." Based on the agents' review of the
FCC's Antenna Structure Registration records which reflect a status of
"Granted", Questar failed to notify the Commission that the antenna
structure, ASR #1247234, had been constructed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Questar, 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 Questar.
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 S. Wadsworth Blvd., Suite 303
Lakewood, Colorado 80226
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Questar InfoComm, 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
Nikki P. Shears
District Director
Denver District 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