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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Alaska )  File No. EB-FIELDWR-12-00004413

   Antenna Structure Registrant )

   ASR #1003204 ) NOV No. V201232780023

   Nenana, Alaska )


                              NOTICE OF VIOLATION

                                                 Released: September 28, 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  the State of Alaska, registrant of
       antenna structure # 1003204 in Nenana, Alaska.  Pursuant to Section
       1.89(a) of the Commission's 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 September 14, 2012, an agent of the Enforcement Bureau's Anchorage
       Resident Agent Office inspected antenna structure #1003204 located one
       mile north of Nenana, Alaska, and observed the following violations:

   a. 47 C.F.R. S: Section 17.4(g): "The Antenna Structure Registration
   Number must be displayed in a conspicuous place so that it is readily
   visible near the base of the antenna structure. Materials used to display
   the Antenna Structure Registration Number must be weather-resistant and of
   sufficient size to be easily seen at the base of the antenna structure."
   The agent did not observe the antenna registration number posted near the
   base or in the vicinity of the antenna structure.

   b. 47 C.F.R. S: Section 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 . . .." 
   Antenna structure number 1003204 requires painting and lighting
   requirements as specified by FAA Chapters 4 and 5 of FAA Circular Number
   70/7460-1F.  Chapter 4 requires flashing aviation red beacons and steady
   burning aviation red lights during nighttime operation. Aviation orange
   and white paint should be used for daytime marking. The agent did not
   observe orange and white painting on the tower. 

    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, the State of Alaska, 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
       the State of Alaska to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of the State of Alaska with personal knowledge
       of the representations provided in the State of Alaska 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 the State of Alaska at its address of

    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.


   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


                       Federal Communications Commission