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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
Bureau:
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
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
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
2
Federal Communications Commission