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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ACS Wireless, Inc. ) File No. EB-FIELDWR-12-00005502
Antenna Structure Registrant )
ASR #1204036 ) NOV No. V201332780004
Eagle River, Alaska )
)
NOTICE OF VIOLATION
Released: December 19, 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 (Rules), to ACS Wireless, Inc., registrant
of antenna structure # 1204036 in Eagle River, Alaska. Pursuant to
Section 1.89(a) of the 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 November 29, 2012, at 6:00 p.m. and on November 30, 2012, at 7:00
a.m., an agent of the Enforcement Bureau's Anchorage Resident Agent
Office observed that the lights on antenna structure #1204036 were not
operating and the structure was totally dark. Later, on November 30,
2012, at 8:45 a.m. and 9:48 a.m., Anchorage agents inspected antenna
structure #1204036 located in Eagle's Nest Subdivision in Eagle
River, Alaska, 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 . . . ."
Antenna structure number 1204036 requires painting and lighting
requirements as specified by FAA Chapters 4 and 5 in accordance with
FAA Circular Number 70/7460-1J. Chapter 5 requires to be mounted at
the top of the antenna structure, at least one red flashing (L-864)
beacon to increase conspicuity during nighttime. The tower
observations and inspection occurred during nighttime hours. The
agents did not observe a top-mounted beacon flashing red. Chapter 5
also requires to be mounted at the mid level of the antenna
structure, steady burning (L-810) lights installed to increase
conspicuity during nighttime. The tower observations and inspection
occurred during nighttime hours. The agents did not observe steady
burning lights at the mid level of the antenna structure.
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 November 29 and November
30, 2012, during nighttime hours, the agents observed the tower structure
totally dark. On November 30, 2012, an agent contacted the FAA Kenai
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 Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
ACS Wireless, Inc., 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 ACS Wireless,
Inc. to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of ACS Wireless, Inc. with personal knowledge of
the representations provided in ACS Wireless, Inc. 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 ACS Wireless, Inc., 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 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