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17.50 (Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
APAC Kansas Inc. DBA Allied
) File No.: EB-FIELDSCR-12-00003474
Owner of Antenna Structure No.
1222687 ) NOV No.: V201232560007
Hays, KS )
)
NOTICE OF VIOLATION
Released: August 6, 2012
By the District Director, Kansas City 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 APAC Kansas Inc. DBA Allied, owner of
antenna structure number 1222687 in Hays, Kansas.
2. On July 13, 2012, an agent of the Commission's Kansas City Office
inspected antenna structure number 1222687 located 0.3 miles east of
the Fairground Rd and 230th Ave intersection and observed the
following violation(s):
47 C.F.R.S:17.4(a): ...the owner of any proposed or existing
antenna structure that requires notice of proposed construction
to the Federal Aviation Administration must register the
a. structure with the Commission. All of information provided to
the Commission must be accurate. At the time of inspection, the
reported coordinates in Commission's database differed from the
actual coordinates of the tower by 1.45 miles.
47 C.F.R.S:17.50: Antenna structures requiring painting under
this part shall be cleaned or repainted as often as necessary to
b. maintain good visibility. At the time of inspection, the paint on
this structure was faded and its visibility to aircraft was
reduced.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's rules, APAC Kansas Inc.
DBA Allied must submit a written statement concerning this matter
within twenty (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 APAC Kansas Inc. DBA Allied. 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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
4. This Notice shall be sent to APAC Kansas Inc. DBA Allied 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
Ronald D. Ramage
District Director
Kansas City Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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