Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )


   Hialeah, City of ) File No.: EB-FIELDSCR-13-00009759

   Owner of Antenna Structure No. 1056512 )

   )  NOV No.: V201332600011


   Hialeah, Florida )

                              NOTICE OF VIOLATION

   Released: July 17, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to City of Hialeah, owner of
       antenna structure number 1056512 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 25, 2013, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1056512 located at 83 E. 5^th St.,
       Hialeah, FL, 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 Federal Aviation Administration's (FAA's) painting and
   lighting recommendations set forth on the structure's FAA determination of
   "no hazard," as referenced in the. . .FAA Advisory Circulars." The FCC's
   Antenna Structure Registration (ASR) database currently indicates that
   antenna structure 1056512 requires aviation orange and white paint and red
   obstruction lighting in accordance with FAA Circular Number 70/7460-1J,
   Chapters 3, 4, 5, and 13. The antenna structure does not conform to these
   recommendations. The agent observed that the tower is not painted and a
   flashing white strobe is located at the top of the structure. Therefore,
   it is in violation of 47 C.F.R. S 17.23. In order to come into compliance
   with the Commission's rules, City of Hialeah 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.

    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, City of Hialeah 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 City of
       Hialeah to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of City of Hialeah with personal knowledge of the
       representations provided in City of Hialeah'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
       agency'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 City of Hialeah 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.


   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


                       Federal Communications Commission