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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Beasley Family Towers, LLC ) File No.: EB-FIELDSCR-13-00012582

   Owner of Antenna Structure No. 1236329 )

   )  NOV No.: V201432600001


   Miami, Florida )

                              NOTICE OF VIOLATION

   Released: December 16, 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 Beasley Family Towers, LLC
       (Beasley), owner of antenna structure number 1236329 in Miami,
       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 December 2, 2013, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1236329 located in Biscayne Bay
       behind 1 Herald Plaza, Miami, Florida, and observed the following

     a. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
        obstruction lighting shall be exhibited continuously unless otherwise
        specified." According to the FCC Antenna Structure Registration (ASR)
        for antenna structure number 1236329, the tower requires a dual
        lighting system as specified in FCC Paragraphs A2, H, 3, 4, 13, 21,
        and 23. During the daytime inspection, the agent observed that the
        top-mounted medium intensity white strobe was not functioning.

     b. 47 C.F.R. S 17.47(a)(2): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: . . . (2) Shall provide and
        properly maintain an automatic alarm system designed to detect any
        failure of such lights as to provide indication of such failure to
        the owner." A Beasley representative stated to an agent that antenna
        structure 1236329 utilizes an automatic alarm system designed to
        detect and alert them of any light failure, but the system did not
        indicate an alarm on or before December 2, 2013.

    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, Beasley 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.^ The response must describe the periodic
       inspection practices for the automatic alarm system and the date the
       system was last inspected and found to be working properly.

    4. In accordance with Section 1.16 of the Rules, we direct Beasley  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Beasley with personal knowledge of the representations provided in
       Beasley'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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152-0617

    6. This Notice shall be sent to Beasley Family Towers, LLC 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