Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lynn D. Clark ) File No. EB-FIELDWR-12-00001386
Antenna Structure Registrant )
ASR # 1007398 ) NOV No. V201232800023
Limon, CO )
)
NOTICE OF VIOLATION
Released: April 4, 2012
By the District Director, Denver District 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 Lynn D. Clark, registrant of
antenna structure # 1007398 in Limon, CO.
2. On December 16, 2011, and again on February 27, 2012, an agent of the
Enforcement Bureau's Denver District Office inspected antenna
structure # 1007398 located at 23227 CR 3W5, by Limon, CO, and
observed the following violations:
a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
section, 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 the inspection, the agent observed that
the Antenna Structure Registration Number was not legible.
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 FAA's painting and lighting
recommendations set forth on the structure's FAA determination of `no
hazard...'" Antenna structure #1007398 is required to be painted and
lit in accordance with FAA Chapters 4, 8 and 13 of FAA Circular
Number 70/7460-1H. These specifications require the utilization of a
white flashing light during the daytime and twilight, with a red
flashing beacon and red side lights installed at the mid-level height
of the structure flashing at night. During the inspections of
December 16, 2011, and February 27, 2012, the agent observed red side
lights installed approximately at the 1/3 and 2/3 level of the
structure. Additionally, during the inspection on February 27, 2012,
the agent observed that the flashing white strobe was on at
nighttime, and neither the red beacon nor the red side lights were
observed in use.
c. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." On December
22, 2011, and March 6, 2012, the agent attempted to place a call to
the current phone number provided by the owner on the ASR. On both
occasions, the number was found disconnected.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Lynn D. Clark
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 Lynn D. Clark. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Lynn D. Clark at her 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
Nikki P. Shears
District Director
Denver District 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
3
2
Federal Communications Commission