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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Everglades Harvesting and Hauling, Inc. ) File No.:
EB-FIELDSCR-12-00003123
Owner of Antenna Structure No. 1203137 ) NOV No.: V201232600010
)
Felda, 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 Everglades Harvesting and Hauling, Inc.
(Everglades), owner of antenna structure number 1203137 in Felda,
Florida.
2. On June 28, 2012, an agent of the Enforcement Bureau's Miami Office
inspected antenna structure number 1203137 located in Felda, 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 readily visible at or
near the base of antenna structure number 1203137.
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 aviation orange and white paint and red
obstruction lighting in accordance with FAA Circular Number
70/7460-1H, Chapters 3, 4, 5, and 13. The antenna structure does
not conform to these recommendations. The agent observed a flashing
white strobe at the top of the structure, as it appears the
structure is equipped with a dual lighting system. Therefore, it is
in violation of 47 C.F.R. S: 17.23. In order to come into
compliance with the Commission's rules, Everglades 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.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, Everglades 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 Everglades.
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 Everglades 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
2
Federal Communications Commission