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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
H Services LLC ) File No. EB-FIELDWR-12-00003725
Antenna Structure Registrant )
ASR # 1064907 )
Sterling, Alaska ) NOV No. V201232780021
NOTICE OF VIOLATION
Released: August 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 H Services LLC, registrant of antenna
structure # 1064907 in Sterling, Alaska. Pursuant to Section 1.89(a)
of the Commission's Rules, issuance of this Notice does not preclude
the Enforcement Bureau from further action if warranted, including
issuing a Notice of Apparent Liability for Forfeiture for the
violation noted herein.
2. On April 24, 2012, agents of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure # 1064907 located
at 37376 Sterling Hwy, Sterling, Alaska, and observed the following
violation:
a. 47 C.F.R. S: Section 17.21(a): "Antenna structures shall be painted
and lighted when . . . they exceed 60.96 meters (200 feet) above the
ground or they require special aeronautical study." Antenna
structure # 1064907 requires painting specifications in accordance
with FCC Paragraphs 1, 3, 4, 13 and 21. FCC Paragraph 1 requires that
the antenna structure to be painted throughout its height with
alternate bands of aviation surface orange and white, terminating
with aviation surface orange bands at both top and bottom. The width
of the bands shall be equal and approximately one-seventh the height
of the structure, provided however, that the bands shall not be more
than 100 feet nor less than 1 . feet in width. All towers shall be
cleaned or repainted as often as necessary to maintain good
visibility. At the time of the inspection, the agents observed black
cabling running part way up each of the three tower legs. The black
cabling obscured the structure's painting, which diminished the
visibility of the structure from a distance.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, H Services LLC, must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct H
Services LLC to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of H Services LLC with personal knowledge of the
representations provided in H Services LLC response, verifying the
truth and accuracy of the information therein, and confirming that all
of the information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. 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
6. This Notice shall be sent to H Services LLC at its address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission