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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Hialeah, City of ) File Nos.: EB-FIELDSCR-13-00009875

   Owner of Antenna Structure Nos. ) EB-FILEDSCR-13-00009877

   1056510, 1062720 )


   Hialeah, Florida ) NOV No.: V201332600013


                              NOTICE OF VIOLATION

   Released: July 25, 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 numbers 1056510 and 1062720 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 July 12, 2013, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure numbers 1056510 and 1062720 located at
       5555 East 8^th Ave., Hialeah, FL, 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 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 structures 1056510 and 1062720 both require 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 structures do not
   conform to these recommendations. The agent observed that the towers are
   not painted, and appear to be equipped with a dual lighting system.
   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 new FAA "no hazard" determinations indicating that
   the current lighting systems are permitted and then submit modified
   antenna structure registrations to reflect the new "no hazard"
   determinations, (2) submit modified registrations if new FAA "no hazard"
   determinations already have 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