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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MCC Radio LLC ) File No. EB-12-AN-0002
Antenna Structure Registrant )
ASR #1063079 )
Anchorage, Alaska ) NOV No. V201232780001
NOTICE OF VIOLATION
Released: January 12, 2012
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 MMC Radio LLC, registrant of
antenna structure #1063079 in Anchorage, Alaska.
2. On January 5, 2012, at approximately 9:15 a.m., an agent of the
Enforcement Bureau's Anchorage Resident Agent Office inspected
antenna structure # 1063079 located off of Tower Road 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." During the inspection,
the agent observed the antenna structure's red obstruction lighting at
approximately the 3/4 level to be non-functioning.
b. 47 C.F.R. S: 17.17(a) "The requirements found in S: 17.23 relating to
the painting and lighting of antenna structures shall not apply to those
structures authorized prior to July 1, 1996. Previously authorized
structures may retain their present painting and lighting specifications,
so long as the overall structure height or site coordinates do not
change." The FCC's antenna structure registration for antenna structure #
1063079 requires painting and lighting requirements as specified by FCC
Paragraphs 1, 3, 11, 21. Paragraph 11 requires that "[a]t the approximate
midpoint of the overall height of the antenna structure, there shall be
installed at least two 116- or 125-watt lamps (A21/TS) enclosed in
aviation red obstruction light globes. Each light shall be mounted so as
to insure unobstructed visibility of at least one light at each level from
aircraft at any normal angle of approach." At the time of the inspection,
the agent did not observe the required midpoint lights installed on the
antenna structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, MCC Radio, LLC, 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 MCC
Radio, LLC. 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 Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
4. This Notice shall be sent to MCC Radio, LLC 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
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