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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tower Assets Newco II, LLC ) File No. Eb-08-HU-023
)
ASR # 1021939 ) NOV No. V200832540002
Carmine, Texas )
)
)
NOTICE OF VIOLATION
Released: March 10, 2008
By the Resident Agent, Houston Office, South Central, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Tower Assets Newco II, LLC , owner
of antenna structure # 1021939 in Carmine, Texas.
2. On February 20, 2008, an agent of the Commission's Houston Office
inspected antenna structure # 1021939 located in Carmine, Texas, and
observed the following violations:
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
70/7640-1J...." During the inspection the agent observed numerous
black coaxial cables attached to one face on the antenna structure
that had not been painted with aviation orange and white paint. The
FAA Advisory Circular says these coaxial cables should normally be
painted with alternating bands of aviation orange and white paint.
b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." After
sunset the agent observed the top red obstruction light as well as
two of the three side lights at the structure's midpoint were not
functioning. Evidence in this case indicates that properly
functioning light monitoring equipment was installed and steps had
been taken to ensure its proper operation.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Tower Assets
Newco II, LLC, 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 Tower Assets Newco II, LLC 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