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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Nebraska ) File No. EB-FIELDSCR-12-00005207
Owner of Antenna Structure No. 1027215 )
) NOV No. V201332560003
Kennard, NE )
)
NOTICE OF VIOLATION
Released: November 6, 2012
By the District Director, Kansas City 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 (Rules), to the State of Nebraska
(Nebraska), owner of antenna structure number 1027215 in Kennard,
Nebraska. Pursuant to Section 1.89(a) of the 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(s) noted herein.
2. Between October 18 and 24, 2012, an agent of the Enforcement Bureau's
Kansas City Office (Office) investigated a complaint regarding antenna
structure number 1027215 located 3.8 miles east of Kennard, Nebraska
and determined the following violation(s):
a. 47 C.F.R. S: 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: (a) 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 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 and the name, title,
address, and telephone number of the person making the report.
Further notification by telephone or telegraph shall be given
immediately upon resumption of normal operation of the light or
lights." On October 18, 2012, an agent from this Office notified the
responsible department by phone and email that the Commission had
received a complaint that the structure was unlit and that that the
FAA must be notified immediately. The responsible department did not
notify the FAA of the outage until October 19, 2012. Moreover, the
responsible department admitted that they were informed of the outage
on August 31, 2012 and failed to take action at that time.
b. 47 C.F.R. S: 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part must maintain a record of any
observed or otherwise known extinguishment or improper functioning of
a structure light and include the following information for each such
event: (a) The nature of such extinguishment or improper functioning.
(b) The date and time the extinguishment or improper operation was
observed or otherwise noted. (c) Date and time of FAA notification,
if applicable. (d) The date, time and nature of adjustments, repairs,
or replacements made." The department responsible for the structure
was unaware of any observation logs being maintained for the past 6
months.
c. 47 C.F.R. S: 17.57: "The owner must immediately notify the Commission
using FCC Form 854 upon any change in structure height or ownership
information." On October 18, 2012, the contact information for the
structure in Commission's database was outdated.
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,
the State of Nebraska, 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 the State of
Nebraska 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 Nebraska with personal knowledge of
the representations provided in the State of Nebraska'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 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
Kansas City Office
520 NE Colbern Rd
2nd Floor
Lees Summit, MO 64086-4711
6. This Notice shall be sent to State of Nebraska 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
Ronald D. Ramage
District Director
Kansas City District 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
3
Federal Communications Commission