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 )


   Washington Electric Membership Corp. ) File No.: EB-FIELDSCR-13-00011295


   Owner of Antenna Structure No. 1065228 ) NOV No.: V201332480031


   Wrightsville, GA )


                              NOTICE OF VIOLATION

   Released: September 24, 2013

   By the District Director, Atlanta 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 Washington Electric Membership
       Corp., (Washington EMC), owner of antenna structure number 1065228 in
       Wrightsville, GA. 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 September 10, 2013, an agent of the Enforcement Bureau's Atlanta
       Office inspected antenna structure number 1065228 located at 32DEG 42'
       07" N latitude and 082DEG 43' 05.9" W longitude, and observed the
       following violation(s):

     a. 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
        and the FAA's determination of no hazard currently specifies that
        antenna structure number 1065228 requires medium intensity white
        flashing obstruction lighting 24 hours a day in accordance with FAA
        circular number 70/7460-1K, chapters 4, 6 and 12. The antenna
        structure does not conform to these recommendations. The agent
        observed that the tower is not equipped with white lights, but
        instead is painted with daytime obstruction marking and has red
        lights during nighttime hours. In order to come into compliance with
        the Commission's rules, Washington EMC 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, Washington EMC 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 Washington EMC
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Washington EMC with personal knowledge of the
       representations provided in Washington EMC'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 it'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

   Atlanta Office

   3575 Koger Blvd., Suite 320

   Duluth, GA 30096

    6. This Notice shall be sent to Washington EMC 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.


   Douglas Miller

   District Director

   Atlanta District 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