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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
Bureau:
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
"constructed."
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.
FEDERAL COMMUNICATIONS COMMISSION
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
3
Federal Communications Commission