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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Aipa Properties ) File No. EB-09-HL-0161
)
Antenna Structure Registrant )
ASR # 1249380 )
Honolulu, Hawaii ) NOV No. V201032860005
)
NOTICE OF VIOLATION
Released: January 19, 2010
By the District Director, Honolulu 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 Aipa Properties, registrant of
antenna structure #1249380 in Honolulu, Hawaii.
2. On November 17, 2009, an agent of the Enforcement Bureau's Honolulu
Office inspected antenna structure #1249380 located at 3375 Koapaka
Street, and observed the following violation:
a. 47 C.F.R. S: 17.4(a): The owner of an antenna structure that requires
notice of proposed construction to the Federal Aviation
Administration must register the structure with the Commission.
Information provided to the Commission must be accurate. The FCC
registration for antenna structure #1249380 states the latitude and
longitude of the structure as 21-o 20' 05.0" north latitude and
157-o 55' 01.0" west longitude. The FAA Study number 95-HNL-43-NRA2
associated with the FCC registration number reflects this same
location. At the time of the inspection, the Honolulu agent
observed that the actual location of the structure is 21-o 20'
04.7" north latitude and 157-o 55' 03.3" west longitude,
revealing a discrepancy of approximately 230 feet. This structure
has a height of 5.8 meters and is mounted on the rooftop of a
building giving it an overall height above ground level at 43.6
meters. The structure has required painting and lighting
specifications due to its close proximity to the Honolulu
International Airport, approximately one quarter of a mile to the
north end of the airport property.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Aipa Properties, 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
Aipa Properties 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
Honolulu Office
P.O. Box 971030
Waipahu, HI 96797-1030
4. This Notice shall be sent to Aipa Properties 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
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.17.
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