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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
GCI Communications Corp ) File No. EB-FIELDWR-12-00004576
Antenna Structure Registrant )
ASR #1265246 ) NOV No. V201332780001
Fairbanks, Alaska )
)
NOTICE OF VIOLATION
Released: November 1, 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 GCI Communications Corp., registrant of
antenna structure # 1265246 in Fairbanks, Alaska. Pursuant to Section
1.89(a) of the Commission's Rules, issuance of this Notice 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. On September 12 and September 13, 2012, an agent of the Enforcement
Bureau's Anchorage Resident Agent Office inspected antenna structure
#1265246 located on Eberhardt Road in Fairbanks, Alaska, and observed
the following violation:
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 . . . ."
Antenna structure number 1265246 requires painting and lighting
requirements as specified by FAA Chapters 4, 8, and 12 in accordance
with FAA Circular Number 70/7460-1K. Chapter 8 requires to be
mounted at the top of the antenna structure, a dual lighting system
that includes red lights for nighttime and medium intensity flashing
white lights for daytime and twilight use. The tower inspections
occurred during daylight hours but the agent did not observe a
top-mounted light flashing white.
b. 47 C.F.R. S: Section 17.48(a): "The owner of any antenna structure
which is registered with the Commission and has been assigned lighting
specifications referenced in this part shall report immediately by
telephone or telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration 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." On September 12 and September
13, 2012, during daylight hours, the agent inspected the tower. The agent
did not observe the top mounted light flashing white. The agent contacted
the Fairbanks Flight Service Station and learned that no NOTAM had been
issued concerning this antenna structure's lighting. The agent requested a
NOTAM be initiated.
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, GCI Communications Corp., 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
GCI Communications Corp. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of GCI Communications Corp. with personal
knowledge of the representations provided in GCI Communications Corp.
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 GCI Communications Corp. 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