Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Municipality of Anchorage ) File No. EB-11-AN-0001

   Antenna Structure Registrant )

   ASR # 1209087 ) NOV No.V201132780001

   Anchorage, Alaska )


                              NOTICE OF VIOLATION

   Released: January 26, 2011

   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 Municipality of Anchorage,
       registrant of antenna structure #1209087 in Anchorage, Alaska.

    2. On January 13, 2011, an agent  of the Enforcement Bureau's Anchorage
       Office inspected  antenna structure #1209087  located at the corner of
       Elmore Drive and Dr. Martin Luther King Avenue in Anchorage, Alaska,
       and observed the following violations:

     a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." This
        antenna structure's lighting requirements are specified by FAA
        Circular Number 70/7460-1K, Chapter 5. Chapter 5 states that for
        structures 150 feet (46 m) above ground level or less, to have two or
        more steady burning (L-810) lights mounted on the top of the antenna
        structure and installed in a manner to ensure an unobstructed view of
        one or more lights by a pilot.  On January 13, 2011, the Anchorage
        agent observed at approximately 9:00 a.m., local time, prior to
        sunrise, that one of the required top mounted red steady burning
        lights was not operating.

     b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which
        is registered with the Commission and has been assigned lighting
        specifications referenced in this part shall make an observation of
        the antenna structure's lights at least once each 24 hours either
        visually or by observing an automatic properly maintained indicator
        designed to register any failure of such lights, to insure that all
        such lights are functioning properly as required." At the time of the
        inspection, the Anchorage agent found that the Municipality of
        Anchorage failed to have a policy or mechanism established to ensure
        that the structure's lights are visually observed each 24 hours. No
        automatic indicator system installed to monitor failure of lights was
        observed by the agent.

     c. 47 C.F.R. S: 17.49: "The owner of each antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part must maintain a record of any
        observed or otherwise known extinguishment or improper functioning of
        a structure light and include the following information for each such

          a. The nature of such extinguishment or improper functioning.

          b. The date and time the extinguishment or improper operation was
             observed or otherwise noted.

          c. Date and time of FAA notification, if applicable.

          d. The date, time, and nature of adjustments, repairs, or
             replacements made.

   At the time of the inspection, the Anchorage agent found that the
   Municipality of Anchorage failed to maintain a record of the known
   extinguishment, the immediate repair of the failed light and other
   associated required information.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, the Municipality of
       Anchorage, 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 Municipality of Anchorage.  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 Office

   P.O. Box 221849

   Anchorage, Alaska 99522-1849

    4. This Notice shall be sent to Municipality of Anchorage 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.


   Marlene Windel

   Resident Agent

   Anchorage Resident Agent Office

   Western Region

   Enforcement Bureau

   Federal Communications Commission


                       Federal Communications Commission