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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Etan Industries, Inc. ) File No. EB-11-HU-0062
Owner of Antenna Structure # 1051381 ) NOV No. V201132540001
Hallettsville, Texas )
)
)
NOTICE OF VIOLATION
Released: September 8, 2011
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's rules to Etan Industries, Inc., owner of
antenna structure # 1051381 in Hallettsville, Texas.
2. On August 24, 2011, an agent of the Commission's Houston Office of the
Enforcement Bureau observed antenna structure # 1051381 located in
Hallettsville, Texas, and observed the following violation(s):
a. 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 failure of the lights to insure all lights are
functioning properly as required; ..." Although it was confirmed the
tower lights were observed once each 24 hours, the observation was
not conducted in a way to insure all of the lights were operating
properly. The daily light observer saw that the top light and a
midpoint light were working, but did not notice that another midpoint
light was not operating properly.
b. 47 C.F.R. S: 17.51(b): "All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified." At the time of inspection, one of the two medium
intensity strobe lights installed at the . point of the structure was
not functioning.
c. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or the dismantlement (FCC Form 854). The owner must
also immediately notify the Commission using FCC Form 854 upon any
change in structure height or change in ownership information." The
telephone number provided in the ownership information of the Antenna
Structure Registration is not current and must be updated.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, Etan Industries,
Inc., 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to Etan Industries, Inc., 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
Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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