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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Delray Palm View, Inc. ) File No. EB-11-MA-0160
)
Antenna Structure Owner )
) NOV No. V201132600008
ASR # 1022485 )
)
Delray Beach, FL )
)
NOTICE OF VIOLATION
Released: September 15, 2011
By the Resident Agent, Miami 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 Delray Palm View, Inc., owner of
antenna structure number 1022485 in Delray Beach, Florida.
2. On September 7, 2011, an agent of the Enforcement Bureau's Miami
Office inspected antenna structure number 1022485 located at 2101
South Congress Ave., Delray Beach, FL, and observed the following
violation(s):
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 Federal Aviation Administration's ("FAA's")
painting and lighting recommendations set forth on the structure's FAA
determination of "no hazard," as referenced in the. . .FAA Advisory
Circulars." The FCC's Antenna Structure Registration ("ASR") database
currently indicates that the antenna structure requires aviation orange
and white paint and red obstruction lighting in accordance with FAA
Circular Number 70/7460-1H, Chapters 3, 4, 5, and 13. The antenna
structure does not conform to these recommendations. The structure is not
painted, and is equipped with a medium intensity flashing white
obstruction lighting system, and therefore is in violation of 47 C.F.R. S:
17.23. In order to come into compliance with the Commission's rules,
Delray Palm View, Inc. must: (1) obtain a new FAA "no hazard"
determination indicating that the current lighting system is permitted and
then submit a modified antenna structure registration to reflect the new
"no hazard" determination, (2) submit a modified registration if a new FAA
"no hazard" determination already has been obtained, or (3) come into
compliance with the current requirements by removing the white obstruction
lighting and painting the tower.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Commission's rules, Delray Palm View, Inc.
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
Delray Palm View, Inc. 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
Miami Office
P.O. Box 520617
Miami, FL 33152
4. This Notice shall be sent to by Certified Mail, Return Receipt
Requested, and regular mail to Delray Palm View, 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
Steven DeSena
Resident Agent
Miami Office
South Central 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