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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

    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,

    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.


   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


                       Federal Communications Commission