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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Norfolk Southern Corporation ) File No. EB-10-DT-0084
Registrant of Antenna Structure )
ASR # 1026361 ) NOV No. V201032360008
South Lorain, Ohio )
)
NOTICE OF VIOLATION
Released: May 18, 2010
By the District Director, Detroit 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 Norfolk Southern Corporation
("Norfolk Southern"), the owner of antenna structure number 1026361 in
South Lorain, Ohio.
2. On March 28, 2010, agents of the Commission's Detroit Office inspected
antenna structure number 1026361, located at the coordinates
41-26-50.0 North Latitude / 082-05-12.0 West Longitude in South
Lorain, Ohio and observed the following violation:
47 C.F.R. S: 17.51(b): "Time when lights should be exhibited... (b) All
high intensity and medium intensity shall be exhibited continuously unless
otherwise specified." Antenna structure number 1026361 is assigned
painting and lighting specifications in accordance with FAA Circular
Number 70/7460-1J, FAA Chapters 4, 6, 13. Chapter 6 specifies a medium
intensity flashing white lighting system standard with a control device
that switches to a low intensity for night mode operation. After local
sunset, the tower lighting continued flashing medium intensity and did not
transition to low intensity.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Norfolk Southern 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
4. This Notice shall be sent to Norfolk Southern 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
James A. Bridgewater
District Director
Detroit Office
Enforcement Bureau
Northeast Region
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