Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )


   City of Mesquite ) File No. EB-FIELDSCR-12-00000511

   Owner of Antenna Structure Number ) NOV No. V20123250011

   1062670  )


   Mesquite, Texas )


                              NOTICE OF VIOLATION

   Released: April 2, 2012

   By the District Director, Dallas 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 City of Mesquite, owner of antenna
       structure number 1062670 in Mesquite, Texas.

    2. On January 29, 2012, an agent of the Enforcement Bureau's Dallas
       Office inspected antenna structure number 1062670 located in Mesquite,
       Texas, and observed the following violation(s):

     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 Federal Aviation
        Administration's (FAA's) painting and lighting recommendations set
        forth on the structure's FAA determination of "no hazard," as
        referenced in the. . .FAA Advisory Circulars." The FCC's Antenna
        Structure Registration (ASR) database currently indicates that the
        antenna structure requires aviation orange and white paint and red
        obstruction lighting in accordance with FAA Circular Number
        70/7460-1G, Chapters 3, 4, 5, and 9. At the time of the inspection,
        the antenna structure did not conform to these recommendations. The
        structure paint was deteriorated, and the structure was equipped with
        dual-red and  medium intensity flashing white obstruction lighting
        system, and therefore is in violation of 47 C.F.R. S: 17.23. In order
        to come into compliance with the Commission's rules, City of Mesquite
        must: obtain a new FAA "no hazard" determination indicating that the
        current lighting system is permitted and then submit a modified
        antenna structure registration to reflect the new "no hazard.

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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to City of Mesquite at its address of

    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.


   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   The City of Mesquite did obtain two "no hazard" studies from the FAA in
   2004, 2004-ASW-439-OE and 2004-ASW-2370-OE to allow the use of dual Red
   and Medium Intensity Flashing White Strobe lights. If these studies are
   still valid the City of Mesquite could use the latest study to update the
   Antenna Structure Registration.

   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