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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mountain View Electric Association, Inc. ) File No.
EB-FIELDWR-12-00001486
Antenna Structure Registrant )
ASR # 1023489 ) NOV No. V201232800030
Matheson, CO )
)
NOTICE OF VIOLATION
Released: May 23, 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 Mountain View Electric Association,
Inc. (MVEAI), registrant of antenna structure # 1023489 about five
miles east of Matheson, CO.
2. On March 20, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected antenna structure # 1023489 located
approximately five miles east of Matheson, 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 the inspection, the agent observed that
the antenna structure registration number was not displayed.
b. 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 FAA Notice for 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 paint was deteriorated, and the structure was
equipped with a dual red and medium intensity flashing white
obstruction lighting system.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, MVEAI 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
MVEAI. 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 Mountain View Electric Association,
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
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
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Federal Communications Commission