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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Frontier North Inc. ) File No. EB-FIELDNER-12-00005758
Antenna Structure Registrant )
ASR# 1015650 ) NOV No. V201332360016
Port Clinton, Ohio )
)
NOTICE OF VIOLATION
Released: January 17, 2013
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Frontier North Inc. (Frontier),
registrant of antenna structure number 1015650 in Port Clinton, Ohio.
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. On December 14, 2012, an agent of the Enforcement Bureau's Detroit
Office inspected antenna structure number 1015650 located at 120
Jefferson Street, Port Clinton, Ohio, and observed the following
violation:
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,"..." Frontier's
antenna structure is 230 feet and the FCC's ASR database specifies
painting and lighting specifications for antenna structure #1015650 in
accordance with FCC Paragraphs 1, 3, 11 and 21. Paragraph 1 requires the
structure to be painted, paragraph 3 requires a red flashing beacon at the
top of the structure and paragraph 11 requires steady burning red lights
be mounted at the mid-point of the structure. At the time of the
inspection, the agent observed that the structure had white flashing
lights operating during the day in lieu of painting. In order to come into
compliance with the Commission's rules, Frontier must: (1) obtain a new
FAA "no hazard" determination indicating that the current lighting system
is permitted and then submit a modified antenna structure registration to
reflect the new "no hazard" determination or (2) submit a modified
registration if a new FAA "no hazard" determination already has been
obtained.
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,
Frontier North 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 Frontier to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Frontier with personal knowledge of the representations provided in
Frontier'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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
6. This Notice shall be sent to Frontier North 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
James A. Bridgewater
District Director
Detroit District Office
Northeast 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