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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dalrymple Realty Corp. ) File No.: EB-FIELDNER-13-00009892 )
Owner of Antenna Structure No. 1006946 ) NOV No.: V2013324000033
)
Elmira, New York )
NOTICE OF VIOLATION
Released: July 24, 2013
By the District Director, Philadelphia 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 Dalrymple Realty Corp.
(Dalrymple), owner of antenna structure number 1006946 in Elmira, New
York. 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 violations noted herein.^
2. On July 11, 2013, an agent of the Enforcement Bureau's Philadelphia
Office inspected antenna structure number 1006946 located on Comfort
Hill Road, Elmira, New York at the coordinates 42-01-55 North Latitude
076-47-01 West Longitude 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." At the time of the inspection, the top level white strobe
was extinguished on the antenna structure.
b. 47 C.F.R.S17.47(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a)(1) Shall make an
observation of the antenna structure's lights at least once each 24
hours either visually or by observing an automatic properly
maintained indicator designed to register any failure of such lights,
to insure that all such lights are functioning properly as required;
or alternatively, (2) Shall provide and properly maintain an
automatic alarm system designed to detect any failure of such lights
and to provide indication of such failure to the owner." At the time
of the inspection, representatives from Sound Communications were
responsible for monitoring the obstruction lights on antenna
structure number 1006946 on behalf of Dalrymple. However, the Sound
Communications representatives informed the agent that they were not
visually monitoring the obstruction lights once each 24 hours and
there was no automatic alarm system installed and operational.
c. 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 FCC's Antenna Structure Registration (ASR) database
currently indicates that antenna structure number 1006946 requires
marking and red obstruction lighting during the nighttime in
accordance with FAA circular number 70/7460-1F, FAA Chapters 3, 4, 5
and 9. The antenna structure does not conform to these
recommendations because it is equipped with medium intensity flashing
white obstruction light for day in lieu of marking.^
d. 47 C.F.R. S 17.4(a): "the owner of any proposed or existing antenna
structure that requires notice of proposed construction to the
Federal Aviation Administration must register the structure with the
Commission." At the time of the inspection, Dalrymple owned antenna
structure number 1006946 but the ASR database listed T&K
Communications Systems Inc. as the owner.
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, Dalrymple 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 Dalrymple to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Dalrymple with personal knowledge of the representations provided in
Dalrymple'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Dalrymple 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
David C. Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ In order to come into compliance with the Commission's rules, Delrymple
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 by repainting the antenna
structure and operating red obstruction lighting at night.
^ 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
3
Federal Communications Commission