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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Alaska ) File No. EB-10-AN-0070
Antenna Structure Registrant )
ASR # 1053090 )
Willow, Alaska )
)
) NOV No. V201032780005
)
)
NOTICE OF VIOLATION
Released: July 1, 2010
By the Resident Agent, Anchorage Resident Agent 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 the State of Alaska, registrant of
antenna structure #1053090 in Willow, Alaska.
2. On June 18, 2010, an agent of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure #1053090 located
on Fishhook Willow Road in Willow, Alaska, and observed the following
violation:
a. 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 the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of "no
hazard," as referenced in the following FAA Advisory Circulars: AC
70/7460-1J, "Obstruction Marking and Lighting," effective January 1,
1996, and AC 150/5345-43E, "Specification for Obstruction Lighting
Equipment," dated October 19, 1995. For purposes of this part, the
specifications, standards, and general requirements stated in these
documents are mandatory." The ASR for antenna structure #1053090
requires lighting specifications in accordance with FAA Chapters 4,
8, 12 of FAA Circular Number 70/7460-1K.
FAA Chapter 8 requires a dual lighting system including red lights for
nighttime and medium intensity flashing white lights for daytime and
twilight use. At the time of inspection, the agents observed a red
flashing beacon during the peak daylight hours. Chapter 8 requires a
flashing white light for daytime and twilight use.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, the State of Alaska 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 the
State of Alaska. 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
Anchorage Resident Agent Office
P.O. Box 221849
Anchorage, Alaska 99522-1849
4. This Notice shall be sent to the State of Alaska 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
Marlene Windel
Resident Agent
Anchorage Resident Agent 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.
Federal Communications Commission
2
Federal Communications Commission