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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Towers, Inc. ) File No. EB-09-HU-0036
Owner of Antenna Structure # 1209005 ) NOV No. V200932540007
Chappell Hill, Texas )
)
)
NOTICE OF VIOLATION
Released: April 30, 2009
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to American Towers, Inc., owner of
antenna structure # 1209005 in Chappell Hill, Texas.
2. On April 28, 2009, an agent of the Commission's Houston Office of the
Enforcement Bureau observed antenna structure # 1209005 located near
Chappell Hill, Texas, and observed the following violation(s):
a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a)(1) Shall make an
observation of the antenna structure's lights at least once each 24
hours either visually or by observing an automatic properly
maintained indicator designed to register any failure of such lights,
to insure that all such lights are functioning properly as required:
or alternatively, (2) Shall provide and properly maintain an
automatic alarm system designed to detect any failure of such lights
and to provide indication of such failure to the owner." An
investigation revealed that the automatic alarm system used for this
antenna structure did not detect or provide indication that the top
light was not operating in the correct mode and in fact was not
designed or capable to do that.
b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." After
local sunset, the top tower light continued flashing white and did
not transition to flashing red.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, American Towers,
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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to American Towers, 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
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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