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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Michigan ) File No.: EB-FIELDNER-13-00009351

   Department of Transportation )

   Owner of Antenna Structure No. 1265270 ) NOV No.: V201332360031


   Warren, Michigan )

                              NOTICE OF VIOLATION

   Released: June  24, 2013

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to the State of Michigan,
       Department of Transportation, registrant of antenna structure number
       1265270 in Warren, Michigan. 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 June 11, 2013, an agent of the Enforcement Bureau's Detroit Office
       inspected antenna structure number 1265270 located at I-696 and M-97
       (Groesbeck Highway), Warren, Michigan, and observed the following

   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 registration
   for antenna structure number 1265270 indicates that the tower requires
   lighting in accordance with FAA Circular Number 70/7460-1K, FAA Chapters
   4, 6 and 12. Chapter 6 requires a medium intensity flashing white
   obstruction light system. During the inspection, the agent observed that
   the structure was installed with a dual lighting system (white intensity
   during the day with a red flashing top beacon but no steady burning red
   side lights). In order to come into compliance with the Commission's
   rules, State of Michigan 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, the State of Michigan 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 State of
       Michigan to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized official of the State of Michigan with personal knowledge
       of the representations provided in the State of Michigan'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 State of Michigan'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 the State of Michigan, Department of
       Transportation, 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.


   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


                       Federal Communications Commission