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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
event:
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.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
Federal Communications Commission
3
Federal Communications Commission