Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Michigan ) File No.: EB-FIELDNER-13-00009372
Department of Transportation )
Owner of Antenna Structure No. 1262081 ) NOV No.: V201332360033
)
Southfield, Michigan )
NOTICE OF VIOLATION
Released: July 1, 2013
By the District Director, Detroit 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 the State of Michigan,
Department of Transportation, registrant of antenna structure number
1262081 in Southfield, 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 1262081 located at the NE corner of
the intersection of Telegraph Road and I-696, Southfield, Michigan,
and observed the following violation:
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 1262081 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 and one steady burning red
side light at the mid-level for nighttime lighting). In order to come into
compliance with the Commission's rules, the 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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission