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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Miccosukee Tribe of Indians of Florida ) File No. EB-FIELDSCR-12-00001114
Antenna Structure Owner )
ASR # 1056908 ) NOV No. V201232600004
Miami-Dade County, FL )
)
NOTICE OF VIOLATION
Released: April 6, 2012
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 Miccosukee Tribe of Indians of Florida,
owner of antenna structure number 1056908 in Miami-Dade County,
Florida.
2. On March 1, 2012, an agent of the Enforcement Bureau's Miami Office
inspected antenna structure number 1056908 located on US-41 in
Miami-Dade County, Florida, and observed the following violations:
a. 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. Material 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 Antenna
Structure Registration Number was not posted at or near the base of
the antenna structure.
b. 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) painting and lighting recommendations set
forth on the structure's FAA determination of "no hazard," as
referenced in the. . .FAA Advisory Circulars." The structure's FAA
determination, FAA Study 98-ASO-5330-OE, requires a dual lighting
system for the structure, which includes red lights for nighttime
and medium intensity flashing white lights for daytime and twilight
use. During the inspection, an agent observed that the structure
has a dual lighting system as required by the FAA study. However,
the requirements for the structure in the FCC's Antenna Structure
Registration (ASR) include lighting in accordance with Chapters 5
and 6 of FAA Circular Number 70/7460-1J, which are reserved for the
use of red lights or medium intensity flashing white lights,
respectively, only when not part of a dual lighting system. In
order to come into compliance with the Commission's rules,
Miccosukee Tribe of Indians of Florida must submit a modified FCC
Antenna Structure Registration that does not include the reference
to FAA Chapters 5 and 6.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, Miccosukee Tribe of
Indians of Florida 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 Miccosukee Tribe of Indians of Florida. 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 Miccosukee Tribe of Indians of Florida
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