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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Prairie View A&M University ) File No. EB-09-HU-0039
Owner of Antenna Structure # 1056336 ) NOV No. V200932540009
Prairie View, Texas )
)
)
NOTICE OF VIOLATION
Released: May 4, 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 Prairie View A&M University, owner
of antenna structure # 1056336 in Prairie View, Texas.
2. On April 28, 2009, an agent of the Commission's Houston Office of the
Enforcement Bureau observed antenna structure # 1056336 located near
Prairie View, Texas, and observed the following violation(s):
a. 47 C.F.R. S: 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: Shall report immediately by
telephone or telegraph to the nearest Flight Service Station or
office of the Federal Aviation Administration any observed or
otherwise known extinguishment or improper functioning of any top
steady burning light or any flashing obstruction light, regardless of
its position on the antenna structure, not corrected within 30
minutes." An investigation by this office has determined that,
although you were aware that a mid-level flashing obstruction beacon
was not operating and had contacted vendors to replace the light, the
Federal Aviation Administration was not notified within 30 minutes of
your observation of this light outage.
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, one of the two mid-level red flashing obstruction
beacons was not operating. Additionally, none of the side marker
lights at the . level or the . level were operational. The top
obstruction light was operating properly.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Prairie View A&M
University, 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 Prairie View A&M University, 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