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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Philadelphia ) EB-FIELDNER-12-00000883 )
Registrant of Antenna Structure ) NOV No. V201232400029
ASR # 1202731 )
Philadelphia, Pennsylvania )
)
NOTICE OF VIOLATION
Released: February 14, 2012
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to City of Philadelphia, the owner of
antenna structure # 1202731 in Philadelphia, Pennsylvania.
2. On January 31, 2012 and February 1, 2012, agents of the Commission's
Philadelphia Office inspected antenna structure # 1202731 located at
Ivans and Horner Streets, Philadelphia, Pennsylvania 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 at 6:49 p.m. on January 31, 2012, the agent observed
the antenna structure's top-level red obstruction lighting was
extinguished.
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 failure of the lights to insure all lights are
functioning properly as required; ..." The City of Philadelphia was
not unaware that the top-level obstruction lighting was extinguished
and does not make observations of the obstruction lighting every 24
hours.
c. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." During the inspection, agents noted that the paint
on the antenna structure was faded and chipped.
d. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of inspection, the agents observed that there
was no registration number posted at or near the base of 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, City of Philadelphia 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to City of Philadelphia 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
David C. Dombrowski
Acting District Director
Philadelphia District Office
Northeast 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
3
Federal Communications Commission