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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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission