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 )

   )

   State of Colorado ) File No.  EB-FIELDWR-12-00001388

   Antenna Structure Registrant )

   ASR # 1022656 ) NOV No. V201232800024

   Simla, 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 State of Colorado, registrant of
       antenna structure # 1022656, located 5.8 miles north of Simla, CO.

    2. On March 20, 2012, an agent of the Enforcement Bureau's  Denver
       District Office inspected  antenna structure # 1022656,  located 5.8
       miles north of Simla, CO, and observed the following violations:

     a. 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 # 1022656 is required to be painted and
        lit in accordance with FAA Chapters 3, 4, 5, and 13 of FAA Circular
        Number 70/7460-1J. These specifications require aviation orange and
        white paint with red obstruction lighting in accordance with FAA
        Advisory Circular 70-7460/-AJ, specifically a top beacon and side
        lights located at the . level of the structure. During the inspection
        on March 20, a white light was flashing at the tower's top, and one
        of the two mid-level red lights was absent.

     b. 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 on March 20, 2012, the agent
        observed that the paint on the antenna structure was faded and
        chipped.

     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 March 21,
        2011, the agent attempted to place a call to the current phone number
        provided by the owner on the ASR. The number was found disconnected.
        When the agent made contact with a representative with the State of
        Colorado, the representative informed the agent that the address
        given on the ASR was no longer valid.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, State of Colorado, 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 the
       State of Colorado.  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  State of Colorado 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

   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