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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ACS Wireless License Sub, Inc. ) File No. EB-08-AN-0099
Antenna Structure Registrant )
ASR# 1249818 ) NOV No. V200832780024
Nikiski, Alaska )
)
NOTICE OF VIOLATION
Released: September 30, 2008
By the Resident Agent, Anchorage Resident Agent 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 ACS Wireless License Sub, Inc.,
registrant of antenna structure #1249818 in Nikiski, Alaska.
2. On September 10, 2008, at approximately 1:15 p.m., agents of the
Enforcement Bureau's Anchorage Resident Agent Office inspected
antenna structure #1249818 located off Scenic View Loop, Nikiski,
Alaska, and observed the following violation:
a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
section, the Antenna Structure Registration Number must be displayed
in a conspicuous place so that it is readily visible near the base of
the antenna structure. Materials used to display the Antenna
Structure Registration Number must be weather-resistant and of
sufficient size to be easily seen at the base of the antenna
structure." At the time of the inspection, the agents did not observe
an Antenna Structure Registration number posted at or in the vicinity
of the antenna structure's base.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, ACS Wireless License Sub,
Inc., 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 an official of
ACS Wireless License Sub, Inc. 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
Anchorage Resident Agent Office
P.O. Box 221849
Anchorage, Alaska 99522-1849
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to ACS Wireless License Sub, 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
Marlene Windel
Resident Agent
Anchorage Resident Agent 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