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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Gray, Jan DBA = KZMX ) File No. EB-FIELDWR-13-00006467
Antenna Structure Registrant )
ASR # 1063709 ) NOV No. V201332800041
Hot Springs, South Dakota )
)
NOTICE OF VIOLATION
Released: February 26, 2013
By the District Director, Denver 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 Gray, Jan DBA = KZMX (Jan
Gray), registrant of Antenna Structure # 1063709 in Hot Springs,
South Dakota. 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 violations noted herein.^
2. On January 22 - 24, 2013, an agent of the Enforcement Bureau's Denver
District Office inspected Antenna Structure # 1063709 located in
Hot Springs, South Dakota, and observed the following violations:
a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." During the inspection on January 24, 2013, the agent
observed that the Antenna Structure Registration Number was faded and
not easily seen at the base of antenna structure.
b. 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." On January 22, 2013, the FCC agent called the Federal
Aviation Administration (FAA) and reported the tower light outage.
Apparently, a current NOTAM was not in effect. The registrant, Jan
Gray, had failed to notify the FAA of the tower light outage.
c. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." On January 24, 2013, at the time of inspection, the
paint on this structure was faded and chipped. Its visibility to
aircraft was reduced.
d. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." During
the inspections conducted at night on January 22 and 23, 2013, the
agent observed that all red obstruction lighting was extinguished on
the antenna structure.
e. 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 854R) 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." The agent
attempted to contact the owner and found that the owner's phone
number, as provided on the antenna structure registration, was
disconnected or no longer in service.
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, Jan Gray 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 Jan Gray to
support his response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Jan Gray with personal knowledge of the representations provided in
Jan Gray'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 regulatee'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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6. This Notice shall be sent to Gray, Jan DBA = KZMX, 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
Nikki P. Shears
District Director
Denver 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
3
Federal Communications Commission