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 )
)
State of Michigan )
Department of Transportation ) File No. EB-FIELDNER-12-00002899
)
Antenna Structure Owner ) NOV No. V201232360007
Romulus, Michigan )
)
)
NOTICE OF VIOLATION
Released: June 26, 2012
By the District Director, Detroit 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 the State of Michigan, Department of
Transportation, owner of an antenna structure in Romulus, Michigan.
2. On May 15, 2012, an agent of the Commission's Detroit Office inspected
the antenna structure located at the southeast corner of Interstate
94/Wayne Road at the approximate coordinates 42-13-38.9 North Latitude
/ 083-23-04.6 West Longitude in Romulus, Michigan, and observed the
following violation:
47 C.F.R. S: 17.4(a)(1): "Antenna structure registration. Effective July
1, 1996, the owner of any proposed or existing antenna structure that
requires notice of proposed construction to the Federal Aviation
Administration must register the structure with the Commission. This
includes those structures used as part of stations licensed by the
Commission for the transmission of radio energy, or to be used as part of
a cable television head end system. If a Federal Government antenna
structure is to be used by a Commission licensee, the structure must be
registered with the Commission. For a proposed antenna structure, or
alteration of an existing antenna structure, the owner must register the
structure prior to construction or alteration." At the time of inspection,
the antenna structure was not registered with the Commission. Although the
structure is less than 200 feet, registration is required as a result if
its proximity to Detroit Metropolitan Airport. You must file FCC Form 854
with the Commission and include a valid FAA determination of "no hazard."
In order to be considered valid by the Commission, the FAA determination
of no hazard must not have expired prior to the date on which the FCC Form
854 is received by the Commission.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, State of Michigan, 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 an authorized representative
of the State of Michigan. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan, 48335
4. This Notice shall be sent to the State of Michigan 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 A. Bridgewater
District Director
Detroit District Office
Northeast 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
2
Federal Communications Commission