******************************************************** 
                      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 )

   )

   ACS Wireless, Inc. )  File No. EB-FIELDWR-12-00004554

   Antenna Structure Registrant )

   ASR #1244328 ) NOV No. V201332780005

   Fairbanks North Star Borough, Alaska )

   )

                              NOTICE OF VIOLATION

                                                    Released: January 8, 2013

   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  ACS Wireless, Inc., registrant of
       antenna structure # 1244328 in the Fairbanks North Star Borough,
       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 13, 2012, an agent of the Enforcement Bureau's Anchorage
       Resident Agent Office observed several appurtenant antennae mounted on
       the top of antenna structure #1244328 (which is required to have
       lighting installed in accordance with Chapters 4, 5 and 12 of FAA
       Circular 70/7460-1K). The application for this antenna structure
       registration indicates the overall height above ground level (AGL) of
       the supporting structure itself without appurtenances as 54.9 meters,
       however, the application also lists the overall height AGL of the
       antenna structure including all appurtenances as 54.9 meters.
       Consequently, the antenna structure registration for this structure
       lists the height AGL with and without appurtenances as 54.9 meters.

    3. On October 29, 2012, this office sent ACS Wireless, Inc. a Letter of
       Inquiry (LOI) requesting information as to the actual overall height
       of the antenna with appurtenances. ACS Wireless, Inc. responded to the
       LOI, stating that appurtenances were added sometime before September
       3, 2010, and the actual overall height of the antenna structure with
       these appurtenances is 60 meters. Consequently, ACS Wireless, Inc., is
       in violation of the following:

   a. 47 C.F.R. S:  17.57: "The owner of an antenna structure for which an
   Antenna Structure Registration Number has been obtained must notify the
   Commission within 24 hours of completion of construction (FCC Form 854-R)
   and/or dismantlement (FCC Form 854). The owner must also immediately
   notify the Commission using FCC Form 854 upon any change in structure
   height or change in ownership information." ACS Wireless, Inc. failed to
   notify the Commission of a change in the structure's overall height.

    4. 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, 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.

    5. In accordance with Section 1.16 of the Commission's 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.

    6. 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

    7. This Notice shall be sent to ACS Wireless, Inc. at its address of
       record.

    8. 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

   3

                       Federal Communications Commission