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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Penn Services Microwave Company ) File No. EB-08-PA-0490
Owner of Antenna Structure )
South Williamsport, Pennsylvania ) NOV No. V200932400007
)
)
NOTICE OF VIOLATION
Released: November 13, 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 Penn Services Microwave Company
("Penn Services"), owner of an unregistered antenna structure located
in South Williamsport, Pennsylvania.
2. On October 22, 2008, an agent of the Commission's Philadelphia Office
observed an antenna structure along Skyline Drive on Bald Eagle
Mountain in South Williamsport, Pennsylvania (N41-12-31 W076-57-30)
and found 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 agent determined that, pursuant to 47 C.F.R. S:
17.7(b)(1), the tower required a notification of proposed construction to
the FAA and therefore required registration with the FCC. At the time of
the inspection, the agent found that Penn Services failed to register its
antenna structure 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, Penn Services 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 Penn Services Microwave 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
Gene J. 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 Williamsport Regional Airport. The agent used a Commission
program called TOWAIR, http://wireless2.fcc.gov/UlsApp/
AsrSearch/towairSearch.jsp, to determine that Penn Service's antenna
structure exceeds the 100:1 slope criteria with respect to the
Williamsport Regional Airport. This determination was based on the antenna
structure's overall height above ground level of 23.1 meters, site
elevation of 609 meters and NAD83 coordinates 41-12-31.0 North and
076-57-30.0 W.
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