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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
T&W Communications Corporation ) File No.: EB-FIELDSCR-13-00007033
) NOV No.: V201332620009
Owner of Antenna Structure No. 1224089 )
Columbus, MS )
NOTICE OF VIOLATION
Released: March 8, 2013
By the Deputy Regional Director, New Orleans Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to T&W Communications Corporation
(T&W), owner of Antenna Structure Number 1224089 in Columbus,
Mississippi. 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(s) noted herein.^
2. On February 21, 2013, agents of the Enforcement Bureau's New Orleans
Office inspected antenna structure number 1224089 in Columbus, MS and
observed the following violation:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified."
According to the FCC Antenna Structure Registration database, the
structure exceeds 200 feet in height above ground and requires
painting and lighting as specified in FCC Form 715, paragraphs 3, 4,
5, and 12. At the time of inspection after sunset, agents observed
the beacons and side lights were extinguished.
3. On February 22, 2013, agents of the Enforcement Bureau's New Orleans
Office inspected antenna structure number 1224089 in Columbus, MS and
observed the following violation:
b. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part shall report immediately by
telephone or telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration (FAA) 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 ...." After observing the tower
had no lights the previous night, the agents also called the FAA to check
if a Notice to Airmen (NOTAM) had been issued and found that no one had
notified the FAA of the outage. Agents subsequently notified the FAA of
the outage and a NOTAM for the structure was issued.
4. 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, T&W 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 also specify when and how T&W
first became aware of the lighting outage. 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 Rules, we direct T&W to support
its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer of T&W
with personal knowledge of the representations provided in T&W'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 owner'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
New Orleans Office
Room 460, 2424 Edenborn Ave.
Metairie, LA 70001
7. This Notice shall be sent to T&W Communications Corporation 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
Loyd Perry
Deputy Regional Director
New Orleans District Office
South Central 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
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Federal Communications Commission