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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
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