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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Woodhaven Investment Trust, Inc. ) File No. EB-FIELDNER-13-00006586
Antenna Structure Registrant )
ASR # 1059936 ) NOV No. V201332400017
Philadelphia, Pennsylvania )
NOTICE OF VIOLATION
Released: March 5, 2013
By the District Director, Philadelphia 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 Woodhaven Investment Trust,
Inc., registrant of antenna structure number 1059936 in Philadelphia,
Pennsylvania. 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 violations noted herein.^
2. On January 29, 2013, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure number 1059936 located in
Philadelphia, Pennsylvania, 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." At the time of inspection, the
Antenna Structure Registration Number was not posted.
b. 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' ...." The FCC's Antenna Structure Registration (ASR) database
currently indicates that antenna structure # 1059936 requires dual
lighting with red obstruction lighting during the nighttime and
medium intensity flashing white obstruction lighting during the
daytime in accordance with FAA circular number 70/7460-1J, FAA
Chapters 4, 8, and 13. The antenna structure does not conform to
these recommendations, but is equipped with medium intensity flashing
white for both day and night.^
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, Woodhaven Investment Trust, 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 Woodhaven
Investment Trust, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer for Woodhaven Investment Trust, Inc. with
personal knowledge of the representations provided in Woodhaven
Investment Trust, Inc.'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Woodhaven Investment Trust, 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
David C. Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ In order to come into compliance with the Commission's rules, Woodhaven
Investment Trust, Inc. must do one of the following: (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, (2) submit a modified
registration if a new FAA "no hazard" determination already has been
obtained, or (3) come into compliance with the current requirements.
^ 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
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Federal Communications Commission