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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wyomedia Corp. ) File No. EB-09-DV-0018
Antenna Structure Registrant )
ASR # 1001101 ) NOV No. V200932800007
Cheyenne, Wyoming )
)
NOTICE OF VIOLATION
Released: August 14, 2009
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Wyomedia Corp. ("Wyomedia"),
registrant of antenna structure # 1001101 in Cheyenne, Wyoming.
2. On April 28, 2009, agents of the Enforcement Bureau's Denver Office
inspected antenna structure # 1001101 located south of Cheyenne
Wyoming, off US Route 87 and 0.6 miles southeast of Speer Road and
observed the following violations:
a. 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." During the inspection, the agents
observed that there was no antenna structure registration number
posted at or near the base of the antenna structure.
b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted
when . . . [t]hey exceed 60.96 meters (200 feet) in height above
ground or they require special aeronautical study." The painting and
lighting specifications for antenna structure # 1001101 require that
the structure comply with FCC Paragraphs A1, B, C and H. Paragraph B
requires light units located at the top of the structure and that this
"complement of units shall emit a white high intensity light and
produce an effective intensity of not less than 200,000 candelas
(daytime) uniformly about the antenna structure... [t]he effective
intensity shall be reduced to approximately 20,000 candelas at
twilight, and to approximately 2,000 candelas at night." Paragraph C
requires the same for the complement of units located at approximately
the one-half level of the structure. Paragraph H requires that "all
high and medium intensity lights shall be synchronized to flash
simultaneously at 40 pulses per minute." During the inspection, the
agents observed that one of the three high intensity strobes was
extinguished at the one-half level, that the high intensity lights on
the antenna structure were not synchronized to flash simultaneously at
40 pulses per minute, and failed to switch from 200,000 candelas to
20,000 candelas, at twilight, and to 2,000 candelas at night.
c. 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 tower lighting
was not operating in the correct mode.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Wyomedia must submit a
written statement concerning this matter within 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 Wyomedia
Corp. 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
Denver District Office
215 S. Wadsworth Blvd, Suite 303
Lakewood, CO 80226
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Wyomedia Corp., at his 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
Nikki P. Shears
District Director
Denver District Office
Western 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.
2
Federal Communications Commission