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 )
)
K. C. Electric Association ) File No. EB-FIELDWR-12-00001050
Antenna Structure Registrant )
ASR # 1212979 ) NOV No. V201232800025
Flagler, 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 K. C. Electric Association (K. C.
Electric), registrant of antenna structure # 1212979 in Flagler, CO.
2. On February 27, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected antenna structure # 1212979, located at
the NE edge of Flagler, 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 inspection, the agent observed that the
Antenna Structure Registration Number was faded and not legible.
b. 47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted
when: (a) they exceed 60.96 meters (200 feet) in height above the
ground or they require special aeronautical study." The FCC Antenna
Structure Registration (ASR) for antenna structure #1212979 requires
that it be painted and lit in accordance with FCC Paragraphs 1, 3,
11, and 21. Paragraph 11 requires that the structure have sidelights
with at least two red obstruction lights installed at its midpoint.
At the time of the inspection, the agent observed the antenna
structure to have two red obstruction lights installed approximately
at the one-third and two-thirds levels of the overall height of the
structure. Additionally, the agent observed that one of the two
lights at the one-third level was extinguished.
c. 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." At the time of inspection, the agent observed that
the paint on the antenna structure was faded and chipped.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, K. C. Electric
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 K.
C. Electric. 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 K. C. Electric Association 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