Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Lubbock Tower Company ) File No. EB-07-DL-242

   Owner )

   ASR # 1050308 ) NOV No. V200832500006

   Lubbock, Texas )



                              NOTICE OF VIOLATION

   Released: July 7, 2008

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Lubbock Tower Company, owner of
       antenna structure number 1050308 in Lubbock, Texas.

    2. On November 27, 2007, an agent of the Commission's Dallas Office of
       the Enforcement Bureau inspected antenna structure # 1050308 located
       at 33-o 31'04.41" N 101-o51'24.57" W, Lubbock, Texas, and observed the
       following violation(s):

     a. 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." On November 27, 2007, there was unpainted coax on
        the tower and the paint on the tower was deteriorated making the
        bands of paint extremely difficult to distinguish at one fourth of a
        mile. Unpainted coax reduces the conspicuity of the tower.

     b. 47 C.F.R. S: 17.4(a): "The owner of an antenna structure that
        requires notice of proposed construction to the Federal Aviation
        Administration ("FAA") must register the structure with the
        Commission." Information provided to the Commission must be accurate.
        The FCC registration for antenna structure # 1050308 states the
        latitude and longitude of the structure as 33-o31'03.0" north
        latitude and 101-o51'26.0" west longitude. The current FAA study for
        the tower lists the location of the structure at 33-o31'04.41" north
        latitude and 101-o51'24.57" west longitude, revealing a discrepancy
        of approximately 185 feet.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Lubbock Tower
       Company, 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

   Dallas Office

   9330 LBJ Freeway, #1170

   Dallas, Texas 75243

    4. This Notice shall be sent to Lubbock Tower Company  at its address of

    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.


   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.17.

   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


                       Federal Communications Commission