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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ACS Wireless, Inc. ) File No. EB-FIELDWR-12-00002196
Antenna Structure Registrant )
ASR # 1241368 )
Soldotna, Alaska )
) NOV No. V201232780005
)
NOTICE OF VIOLATION
Released: June 21, 2012
By the Resident Agent, Anchorage Resident Agent 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 ACS Wireless, Inc., registrant of
antenna structure number 1241368 in Soldotna, Alaska..
2. On April 25, 2012, agents of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure number 1241368
located at of Echo Lake Road SW of Soldotna, Alaska, and observed the
following violation:
a. 47 C.F.R. S: Section 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 FAA's painting and
lighting recommendations set forth on the structure's FAA
determination of "no hazard," as referenced in the following FAA
Advisory Circulars: AC 70/7460-1J "Obstruction Marking and Lighting,"
effective January 1, 1996, and AC 150/5345-43E, "Specification for
Obstruction Lighting Equipment," dated October 19, 1995." Antenna
structure number 1241368 is 54.8 meters in overall height above
ground level (AGL) and has lighting requirements as specified in
Chapters 4, 5, and of FAA Circular Number 70/7460-1K. Chapter 5
requires antenna structures exceeding 46 meters AGL to have at least
one top mounted red flashing (L-864) beacon installed. At the time of
the inspection, the agents observed a double red obstruction light
installed on top. In addition, Chapter 5 requires structures 107
meters or less to have steady burning obstruction lighting (L-810)
installed on diagonally or diametrically opposite positions. At the
time of the inspection, the agents did not observe any side lights
installed on the antenna structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, ACS Wireless,
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 ACS Wireless. 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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
4. This Notice shall be sent to ACS Wireless, 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
Marlene Windel
Resident Agent
Anchorage Resident Agent 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
2
Federal Communications Commission