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 )
)
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
Bureau:
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
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
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
2
Federal Communications Commission