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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Centerpoint Energy Inc. ) File No. EB-FIELDSCR-12-00003788
Owner of Antenna Structure No. 1281666 ) NOV No. V201232540017
Katy, Texas )
)
NOTICE OF VIOLATION
Released: September 10, 2012
By the Resident Agent, Houston 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 Centerpoint Energy Inc., owner of
antenna structure number 1281666 in Katy, Texas. Pursuant to Section
1.89(a) of the Commission's Rules (Rules), issuance of this NOV does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On August 20, 2012, an agent of the Enforcement Bureau's Houston
Office inspected antenna structure number 1281666 located at 2402 .
Katy Fort Bend Road, Katy, Texas, and observed the following
violation(s):
a. 47 C.F.R. S: 17.48: "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a) Shall report immediately
by telephone or telegraph to the nearest Flight Service Station or
office of the Federal Aviation Administration (FAA) any observed or
otherwise known extinguishment or improper functioning of any top
steady burning light or any flashing obstruction light, regardless of
its position on the antenna structure, not corrected within 30
minutes." All obstruction lighting on antenna structure number
1281666 was inoperable at the time of the inspection. At the time of
inspection, the agent verified that no one had notified the FAA of
the lighting outages on antenna structure number 1281666. The agent
notified the FAA of the lighting outages and the FAA issued a Notice
to Airmen (NOTAM) after the inspection.
b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." Antenna
structure number 1281666 requires red obstruction lighting from
sunset to sunrise. On August 20, 2012, the agent observed that
antenna structure number 1281666 did not have any operational
nighttime obstruction lighting exhibited after sunset.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Centerpoint Energy Inc. 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 Rules, we direct Centerpoint
Energy Inc. to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Centerpoint Energy Inc. with personal knowledge
of the representations provided in Centerpoint Energy Inc.'s 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 Centerpoint Energy Inc.'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
Houston Office
9597 Jones Road #362
Houston, Texas 77065
6. This Notice shall be sent to Centerpoint Energy Inc. 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
Lee R. Browning
Resident Agent
Houston Office
South Central 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 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