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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Peake Contracting, Inc. ) File No. EB-08-DT-0382
Owner of ASR# 1064760 )
) NOV No. V200932360007
Shelby Twp, Michigan )
)
)
NOTICE OF VIOLATION
Released: March 31, 2009
By the District Director, Detroit Office, Northeast, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Peake Contracting, Inc. ("Peake"),
owner of antenna structure # 1064670 in Shelby Twp, Michigan.
2. On October 8, 2008, an agent of the Commission's Detroit Office
inspected antenna structure # 1064760 located 48181 Ryan Rd, Shelby
Twp, Michigan and observed the following violation:
a. 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..." At the time of
inspection, the Antenna Structure Registration incorrectly listed the
owner as "Teletech Inc. Acting for Owner" ("Teletech"). The antenna
structure registration information must be changed to show the actual
owner, Peake Contacting, Inc. Teletech can be listed as the contact.
b. 47 C.F.R. S: 17.4 (g): "...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 inspection, the
Antenna Structure Registration Number was not readily visible because
it was covered by foliage.
c. 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." At the time of inspection the paint was faded, worn
and peeling.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Peake Contracting, 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 Peake Contracting, Inc. with personal knowledge of the
matter. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335-1552
4. This Notice shall be sent to Peake Contracting, 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
James A. Bridgewater
District Director
Detroit District Office
Northeast 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