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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lois Schafer ) File No. EB-FIELDWR-12-00004130
Antenna Structure Registrant )
ASR # 1234080 ) NOV No. V201232800075
Great Falls, MT 59404 )
)
NOTICE OF VIOLATION
Released: September 27, 2012
By the District Director, Denver District 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 Lois Shaffer, registrant of antenna
structure # 1234080 in Great Falls, MT. 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 violation noted
herein.
2. During a nighttime inspection on August 10, 2012, followed by a
daytime inspection on August 11, 2012, an agent of the Enforcement
Bureau's Denver District Office inspected ASR # 1007676 located
approximately at the coordinates 47-o 31' 57" north latitude and 111-o
16' 41" west longitude, northeast of Great Falls, MT, and observed the
following violations:
a. 47 C.F.R. S: 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..." The FCC
Antenna Structure Registration (ASR) for antenna structure # 1234080
requires that it be lit in accordance with Chapters 4, 8, and 12 of
FAA Circular Number 70/7460-1K. Chapter 8 requires medium dual lights
at the top of the tower, red lights at the 1/4 and 3/4 height, and
two sets of medium dual lights at the 1/2 height. During the
nighttime inspection on August 10, 2012, the agent observed that the
top light was flashing red and all the other lights were off. During
the daytime inspection on August 11, 2012, the agent observed that
there was no flashing white light at the top of the tower, that the
required two sets of dual lights at the mid-level were not installed,
and that red lights were installed at the 1/3 and 2/3 height. No
flashing lights were observed in operation.
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, Lois Shaffer 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
Lois Shaffer to support her response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by Lois
Shaffer, verifying the truth and accuracy of the information therein,
and confirming that all of the information requested by this Notice
which is in her 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6. This Notice shall be sent to Lois Shaffer at her 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
Nikki P. Shears
District Director
Denver District 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
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Federal Communications Commission