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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Jack Queen Construction, Inc. ) File No.: EB-FIELDSCR-12-00003121

   Owner of Antenna Structure No. 1210697 ) NOV No.: V201232600009


   Immokalee, FL )


                              NOTICE OF VIOLATION

   Released: July 11, 2012

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules, to Jack Queen Construction, Inc., owner of
       antenna structure number 1210697 in Immokalee, Florida.

    2. On June 28, 2012, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1210697 located in Immokalee,
       Florida, and observed the following violations:

       a. 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. 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 inspection, the
          Antenna Structure Registration Number was not posted at or near the
          base of antenna structure number 1210697.

       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 FCC's Antenna
          Structure Registration (ASR) database currently indicates that the
          antenna structure requires a dual lighting system, with a medium
          intensity white strobe for daytime visibility, and red lights at
          night, in accordance with FAA Circular Number 70/7460-1J, Chapters
          4, 8, and 13. According to the FAA Circular, for structures over
          150 feet in height, the red lighting system shall include a
          top-mounted flashing red beacon and two or more steady burning red
          lights at the midpoint of the structure. The antenna structure does
          not conform to these recommendations. The agent observed only two
          top-mounted steady burning red lights installed on the structure
          and it is therefore in violation of 47 C.F.R. S: 17.23. In order to
          come into compliance with the Commission's rules, Jack Queen
          Construction, Inc. must do one of the following: (1) 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" determination, (2)
          submit a modified registration if a new FAA "no hazard"
          determination already has been obtained, or (3) come into
          compliance with the current requirements by installing the dual
          lighting system.

       c. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
          Antenna Structure Registration Number has been obtained must notify
          the Commission within 24 hours of completion of construction (FCC
          Form 854-R) and/or dismantlement (FCC Form 854). The owner must
          also immediately notify the Commission using FCC Form 854 upon any
          change in structure height or change in ownership information." The
          Commission's Antenna Structure Registration database currently
          shows the status of antenna structure number 1210697 as "granted."
          Since the tower has been built, the status must be changed to

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's rules, Jack Queen Construction,
       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 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
       Jack Queen Construction, 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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152

    4. This Notice shall be sent to by Certified Mail, Return Receipt
       Requested, and First Class Mail to Jack Queen Construction, 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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central 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


                       Federal Communications Commission