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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lloyd Hoff Holding Corporation dba Portapage ) File No. EB-09-CF-0128
Antenna Structure Registrant )
ASR # 1033637 ) NOV No. V200932340012
ST. ALBANS, WV )
)
)
NOTICE OF VIOLATION
Released: September 16, 2009
By the Acting District Director, Columbia Field 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 Lloyd Hoff Holding Corporation dba
Portapage, the owner of antenna structure # 1033637 in St. Albans, WV.
2. On September 2, 2009, agents of the Commission's Columbia Field Office
inspected antenna structure # 1033637 located at St. Albans, WV (N38
22 08.0/W081 49 10.0) and observed the following violation:
47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission, each
new or altered antenna structure to be registered on or after January 1,
1996, must conform to recommendations set forth on the structure's FAA
determination of "no hazard"..." The registration for antenna structure
#1033637 requires lighting specifications in accordance with Chapter 5,
FAA Circular Number 70/7460-1F, which requires a red obstruction light
system. The number of lights on each level is determined by the shape and
height of the structure. These lights should be mounted so as to ensure an
unobstructed view of at least one light from any normal angle of approach.
At the Intermediate Level red obstruction lighting is required for
structures not more than 450 feet (137m) AGL. Antenna structure
#1033637 is 349.7 feet (106.6m) AGL in height. At the time of inspection,
agents observed extinguished lights mounted at the mid-level of the
antenna structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Lloyd Hoff Holding
Corporation dba Portapage, 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
Columbia Field Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to Lloyd Hoff Holding Corporation dba
Portapage 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
Richard M. Caine
Acting District Director
Columbia Field 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