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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Waukau Storage Yard, LLP )
Registrant of Antenna Structure ) File No. EB-10-CG-0089
ASR # 1042740 )
Lake Geneva, WI ) NOV No. V201032320006
)
NOTICE OF VIOLATION
Released: July 23, 2010
By the District Director, Chicago 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 Waukau Storage Yard, LLP, owner of
antenna structure #1042740 in Lake Geneva, Wisconsin.
2. On July 8, 2010, an agent of the Commission's Chicago Office conducted
an investigation of antenna structure 1042740 and observed the
following violation:
47 C.F.R. S: 17.4 (b): "Except as provided in paragraph (e) of this
section, each owner must file FCC Form 854 with the Commission.
Additionally, each owner of a proposed structure referred to in paragraphs
(a)(1) or (a)(3) of this section must submit a valid FAA determination of
`no hazard.'" FAA determination 1992-AGL-1764-OE originally specified that
painting and lighting was not required, which was reaffirmed in subsequent
determination 2004-AGL-1399-OE. The FCC's Antenna Structure Registration
("ASR") database, however, currently indicates that antenna structure
number 1042740 requires aviation orange and white paint and red
obstruction lighting in accordance with FAA Obstruction Marking and
Lighting Specifications for Antenna Structures, FCC Form 715-A, Paragraphs
1, 3, 11, and 21. Waukau Storage Yard, LLP must submit Form 854 to the
Commission to change the painting and lighting specifications to be
consistent with the current FAA determination.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Waukau Storage Yard, LLP
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 Waukau Storage Yard, LLP. 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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
4. This Notice shall be sent to Waukau Storage Yard, LLP 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 M. Roop
District Director
Chicago District 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