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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Checkpoint Communications Company ) File No. EB-08-PA-0500
Owner of Antenna Structure )
South Williamsport, Pennsylvania ) NOV No. V200932400022
)
)
NOTICE OF VIOLATION
Released: September 10, 2009
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 Communications Company,
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 Communications Company
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 Communications
Company 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 Communications Company 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.
On December 23, 2008, the Commission issued a Notice of Violation (NOV No.
V200932400014) to Checkpoint of Pennsylvania, Inc. for failing to register
the same antenna structure. However, in a response dated January 15, 2009,
Joseph Miller III, Founder of Checkpoint of Pennsylvania, Inc., stated
that Checkpoint Communications Company actually owns the antenna
structure. As of September 9, 2009, the antenna structure is still
unregistered.
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