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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Comcast of South Florida I, Inc. ) File No.: EB-FIELDSCR-13-00009698
Owner of Antenna Structure No. 1036025 )
) NOV No.: V201332600010
)
Hialeah, Florida )
NOTICE OF VIOLATION
Released: July 17, 2013
By the Resident Agent, Miami 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 Comcast of South Florida, I,
Inc. (Comcast), owner of antenna structure number 1036025 in Hialeah,
Florida. 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 June 21, 2013, an agent of the Enforcement Bureau's Miami Office
inspected antenna structure number 1036025 located at 4586 Palm
Avenue, Hialeah, FL, and observed the following violations:
a. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified." During the daytime inspection, the top-mounted medium
intensity white strobe was not functioning. According to the FCC
Antenna Structure Registration (ASR) for antenna structure number
1036025, the tower requires a top-mounted medium intensity white
strobe for daytime and night, as specified in FCC Paragraphs A1, H.
The agent also observed that the top-mounted medium intensity white
strobe was still not functioning during daytime inspections on June
25 and 27, 2013. Finally, the agent observed that the top-mounted
medium intensity white strobe was not functioning during a nighttime
inspection on June 28, 2013.
b. 47 C.F.R. S 17.47(a)(2): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: . . . (2) Shall provide and
properly maintain an automatic alarm system designed to detect any
failure of such lights as to provide indication of such failure to
the owner." Both Comcast and their contracted tower site management
company stated to an agent that antenna structure 1036025 utilizes an
automatic alarm system designed to detect and alert them of any light
failure, but the system did not indicate an alarm on June 24 or June
28, 2013.
c. 47 C.F.R. S 17.47(b): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part...(s)hall inspect at intervals
not to exceed three months all automatic or mechanical control
devices, indicators, and alarm systems associated with the antenna
structure lighting to insure that such apparatus is functioning
properly." According to documents provided to this office by the
contracted tower site management company on June 24, 2013, the last
inspection of the tower lighting and associated light monitoring
system occurred more than three months ago, on January 30, 2013, with
the next inspection due one year from that date.
d. 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: (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." An agent notified the contracted tower site management
company about the observed lighting outage on June 24, 2013, but
Comcast did not notify the FAA of the outage until June 28, 2013.
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, Comcast 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 Comcast to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Comcast with personal knowledge of the representations provided in
Comcast'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 company'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
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
6. This Notice shall be sent to Comcast of South Florida, I, 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
Steven DeSena
Resident Agent
Miami 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
2
Federal Communications Commission