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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Delaware Division of Communications ) File No: EB-FIELDNER-12-00002309
Antenna Structure Registrant )
ASR # 1254011 ) NOV No: V201232400038
Wilmington, Delaware )
)
)
NOTICE OF VIOLATION
Released: May 21, 2012
By the Acting District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules to Delaware Division of Communications,
registrant of antenna structure number 1254011 (Antenna Structure) in
Wilmington, Delaware.
2. On March 27, 2012, agents of the Commission's Philadelphia Office
inspected the Antenna Structure located in Wilmington, Delaware, and
observed the following violation:
47 C.F.R. S:: 17.51(b): "All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified." At the time of inspection, the top-level flashing white
obstruction lighting was extinguished on the Antenna Structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, Delaware Division of
Communications must submit a written statement concerning this matter
within twenty (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 Delaware Division of Communications. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Delaware Division of Communications 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
Kevin Doyle
Acting District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
The antenna structure registration for antenna structure # 1254011
requires that the obstruction lighting comply with the FAA circular
70/7460-1K paragraphs 4, 8, and 12, which require the antenna structures
to utilize red obstruction lighting at night and white obstruction
lighting during daytime and twilight hours.
47 U.S.C. S: 308(b).
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