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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Checkpoint of Pennsylvania, Inc. ) File No. EB-08-PA-0500
Owner of Antenna Structure )
South Williamsport, Pennsylvania ) NOV No. V200932400014
)
)
NOTICE OF VIOLATION
Released: December 23, 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 Checkpoint of Pennsylvania, Inc.,
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 (41-12-31 N Latitude
076-57-27 W Longitude) 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 Checkpoint of Pennsylvania, Inc.
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, Checkpoint of
Pennsylvania, 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 Checkpoint of Pennsylvania, 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 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 Checkpoint of Pennsylvania,
Inc.'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 30.5 meters, site
elevation of 612 meters and NAD83 coordinates 41-12-31.0 North and
076-57-27.0 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