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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
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Federal Communications Commission