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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Brazos Electric Power Cooperative, Inc. ) File No.EB-FIELDSCR-12-00001818
Owner of Antenna Structure No. 1247947 ) NOV No. V20123250017
)
Forestburg, Texas )
)
NOTICE OF VIOLATION
Released: May 21, 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 Brazos Electric Power Cooperative, Inc.,
owner of antenna structure number 1247947, in Forestburg, Texas.
2. On April 4, 2012, agents of the Enforcement Bureau's Dallas Office
inspected antenna structure number 1247947 located in Forestburg,
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
70/7460-1J, Chapters 3, 4, 5, and 13. At the time of the inspection,
the antenna structure did not conform to these recommendations. The
structure paint was equipped with medium intensity flashing white
obstruction lighting. In order to come into compliance with the
Commission's rules, Brazos Electric Power Cooperative, Inc must
obtain an FAA "no hazard" determination indicating that the current
lighting system is permitted and submit a modified antenna structure
registration to reflect the new "no hazard" requirements.
b. 47 C.F.R. S: 17.4(g): "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. Material 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." The antenna structure is surrounded by a perimeter
property fence. The Antenna Structure Registration Number was not
posted at the gate of the perimeter property fence and any signage at
the base of the antenna structure was not visible from the perimeter
fence gate.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Brazos Electric Power
Cooperative, Inc., 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 Brazos Electric Power Cooperative, Inc.
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 Brazos Electric Power Cooperative, Inc.
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.
Brazos Electric Power Cooperative, Inc. did obtain a "no hazard" study
from the FAA, Study 2007-2007-ASW-175-OE, which allows the use of medium
intensity flashing white strobe lights. If this study is still valid,
Brazos Electric Power Cooperative, Inc. may use the latest study to update
its 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
3
Federal Communications Commission