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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WNAP, Inc. ) File No. EB-08-PA-0356
Owner of Antenna Structures )
Norristown, Pennsylvania ) NOV No. V200832400025
)
)
NOTICE OF VIOLATION
Released: August 4, 2008
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to WNAP, Inc., owner of three
unregistered antenna structures located in Norristown, Pennsylvania.
2. On June 30, 2008, agents of the Commission's Philadelphia Office
inspected the three-tower directional antenna array for station WNAP
located on Arch Street at New Hope Road in Norristown, Pennsylvania
(N40-08-05, W075-18-48) and observed the following violation:
47 C.F.R. S: 17.4(a): "Effective July 1, 1996, the owner of any proposed
or existing antenna structure that requires notice of proposed
construction to the Federal Aviation Administration must register the
structure with the Commission." While notices of proposed construction
generally are required only for towers that exceed 200 feet, 47 C.F.R. S:
17.7(b) specifies circumstances under which notices of proposed
construction to the FAA are required for towers less than 200 feet that
are near airports. The agents determined that, pursuant to 47 C.F.R. S:
17.7(b)(1), the WNAP towers required a notification of proposed
construction to the FAA and therefore required registration with the FCC.
At the time of the inspection, the agents found that WNAP, Inc. failed to
register its antenna structures with the Commission
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, WNAP, Inc. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to WNAP, 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
Gene Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
The antenna structure requires notice of construction to the FAA and
registration with the FCC because it fails the 100:1 slope criteria with
respect to Wings Field Airport. The agent used a Commission program called
TOWAIR, https://wireless2.fcc.gov/UlsApp/ AsrSearch/towairSearch.jsp, to
determine that WNAP, Inc.'s antenna structure exceeds the 100:1 slope
criteria with respect to the Wings Field Airport. This determination was
based on the antenna structure's overall height above ground level of 199
feet, site elevation of 263 feet and NAD83 coordinates 40-08-05 North and
075-18-48 W. On July 11, 2008, WNAP, Inc. provided the Philadelphia Office
with a copy of the Notice of Proposed Construction or Alteration (FAA
Study No. 87-AEA-0709-OE) that Alpha Omega Communications, Inc. submitted
to the Federal Aviation Administration on April 30, 1987 for the
construction of WNAP's three-tower directional antenna array. On May 28,
1987, the FAA granted the proposal and specified that no marking and
lighting are necessary on the WNAP towers.
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