Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Apollo Tower LLC
) File No.: EB-FIELDSCR-12-00005343
Owner of Antenna Structure
Number 1033563 ) NOV No.: V201332560007
Overbrook, Kansas )
)
)
NOTICE OF VIOLATION
Released: December 3, 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 Apollo Tower LLC, owner of
antenna structure number 1033563 near Overbrook, Kansas. 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. An agent of the Commission's Kansas City Office investigated antenna
structure number 1033563 located at 38-50-15N/095-29-53W and noted the
following violation(s):
47 C.F.R.S:17.48 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. Such
reports shall set forth the condition of the light or lights,
the circumstances which caused the failure, the probable date
a. for restoration of service, the FCC Antenna Structure
Registration Number, the height of the structure (AGL and
AMSL if known) 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
November 13, 2012, an officer with the Douglas County Kansas
Sheriff's Department observed that the top beacon on antenna
structure number 1033653 was not lit. An agent from the
Kansas City Office checked with the Federal Aviation
Administration (FAA) and found that no one had notified the
FAA of the outage and that no Notice to Airman (NOTAM) had
been issued for this structure.
47 C.F.R.S:17.50: "Antenna structures requiring painting
under this part shall be cleaned or repainted as often as
b. necessary to maintain good visibility." At the time of
inspection on November 9, 2012, the paint on this structure
was faded and bare metal could be seen in several places.
c. 47 C.F.R. S: 17.51: "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." On
November 13, 2012, an officer with the Douglas County Kansas Sheriff's
Department observed that the top beacon on antenna structure number
1033653 was not lit.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, Apollo Tower LLC must
submit a written statement concerning this matter within twenty
(20) days of release of this Notice. The response must (i) 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 Apollo
Tower LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Apollo Tower LLC with
personal knowledge of the representations provided in Apollo
Tower LLC'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. 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 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
5. This Notice shall be sent to Apollo Tower LLC at its address of
record.
6. 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. Any false statement made knowingly and willfully in
reply to this Notice is punishable by fine or imprisonment under
Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
District Director
Kansas City 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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission