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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Estate of John C. Aegerter ) File No. EB-FIELDNER-12-00003225
Antenna Structure Registrant )
ASR # 1033541 ) NOV No. V201232320008
Delafield, Wisconsin )
NOTICE OF VIOLATION
Released: September 4, 2012
By the District Director, Chicago District Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules, to the Estate of John C. Aegerter. John C.
Aegerter, now deceased, was the registrant of antenna structure
#1033541 in Delafield, Wisconsin.
2. On July 9, 2012, an agent, in response to a complaint that the top
beacon was extinguished, inspected antenna structure #1033541 located
adjacent to 486 Cedar Valley Court, Delafield, Wisconsin, and
observed the following violation:
a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." The
antenna structure registration for antenna structure #1033541
requires a top flashing beacon and at least two steady burning
lights at approximately two-thirds and one-third levels. At the
time of the inspection, the agent observed extinguishment of the
top flashing beacon.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which
an Antenna Structure Registration Number has been obtained must
notify the Commission within 24 hours of completion of
construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).
The owner must also immediately notify the Commission using FCC
Form 854 upon any change in structure height or change in
ownership information." The Antenna Structure Registration (ASR)
database still identifies John C. Aegerter as the registrant of
antenna structure #1033541. The Estate of Mr. Aegerter must file
an FCC Form 854 in order to update the ownership information in
the ASR database.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, the Estate of John C.
Aegerter 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 any pending corrective
action(s). The response must be complete in itself and signed by a
principal or officer of the tower. 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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
4. This Notice shall be sent to the Estate of John C. Aegerter 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
James M. Roop
District Director
Chicago District Office
Northeast 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