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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Municipality of (ML&P) Anchorage ) File No. EB-FIELDWR-13-00006005
Antenna Structure Registrant )
ASR #1244329 ) NOV No. V201332780011
Anchorage, Alaska )
)
NOTICE OF VIOLATION
Released: February 27, 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 (Rules),^ to the Municipality of Anchorage,
registrant of antenna structure # 1244329 in Anchorage, 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 January 4 and 7, 2013, an agent of the Enforcement Bureau's
Anchorage Resident Agent Office inspected antenna structure #1244329
located in the SE . of the SW . of Section 4 in Anchorage, Alaska,
and observed the following violation(s):
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 #1244329 requires painting and lighting
requirements as specified by FAA Chapters 4, 5, and 12 in accordance
with FAA Circular Number 70/7460-1K. Chapter 5 requires antenna
structures between 45-107 meters to have intermediate red obstruction
lighting mounted at the structure's mid-level. The agent did not
observe obstruction lights mounted at the mid level.
b. 47 C.F.R. S Section 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." The agent
did not observe red obstruction lights at the mid-level during nighttime
hours."
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 Municipality of Anchorage, 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
Municipality of Anchorage 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 Municipality of Anchorage with
personal knowledge of the representations provided in the Municipality
of Anchorage'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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6. This Notice shall be sent to the Municipality of Anchorage 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. S403.
^ 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
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Federal Communications Commission