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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Union Telephone Company ) File No. EB-FIELDWR-12-00003172
Antenna Structure Registrant )
ASR # 1062952 ) NOV No. V201232800040
Buford, WY )
)
NOTICE OF VIOLATION
Released: July 18, 2012
By the District Director, Denver District 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 Union Telephone Company, registrant of
antenna structure # 1062952 in Buford, WY.
2. On July 9, 2012, an agent of the Enforcement Bureau's Denver District
Office inspected antenna structure # 1062952 located at 2.5 Buford
Road, Buford, WY, and observed the following violation:
a. 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 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
70/7460-1J, Chapters 3, 4, 5, and 13. The antenna structure does not
conform to these recommendations. The structure is not painted and is
equipped with a medium intensity flashing white obstruction lighting
system.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Union Telephone Company,
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
Union Telephone Company. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
4. This Notice shall be sent to Union Telephone Company 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
Nikki P. Shears
District Director
Denver District 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
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Federal Communications Commission