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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Communication Leasing, Inc. )  File No.: EB-FIELDWR-13-00012181 Owner of
   Antenna Structure No. 1064345 )

   )    NOV No.:  V201432800008

   Garrett, WY

                              NOTICE OF VIOLATION

   Released: December 17, 2013

   By the District Director, Denver District  Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Communication Leasing, Inc.
       (CLI), registrant of Antenna Structure # 1064345, approximately  6.5
       miles ENE of Garrett, WY.  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. The Enforcement Bureau's Denver District Office received a complaint
       that an antenna structure, identified as Antenna Structure  # 1064345,
       was observed with no obstruction lighting illuminated after sunset. On
       November 13, 2013, nighttime observations were made of Antenna
       Structure # 1064345,  by a law enforcement official  and the following
       violations were observed:

     a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted
        when: (a) They exceed 60.96 meters (200 feet) in height above the
        ground or they require special aeronautical study." Antenna Structure
        # 1064345 is registered as 71 meters in height above ground. At the
        time of the observation, none of the installed lights were working,
        and the tower was unlit.

     b. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a) Shall report immediately
        by telephone or telegraph to the nearest Flight Service Station or
        office of the Federal Aviation Administration any observed or
        otherwise known extinguishment or improper functioning of any top
        steady burning light or any flashing obstruction light, regardless of
        its position on the antenna structure, not corrected within 30
        minutes. Such reports shall set forth the condition of the light or
        lights, the circumstances which caused the failure, the probable date
        for restoration of service, the FCC Antenna Structure Registration
        Number, the height of the structure (AGL and AMSL if known) and the
        name, title, address, and telephone number of the person making the
        report. Further notification by telephone or telegraph shall be given
        immediately upon resumption of normal operation of the light or
        lights." On November 12, 2013, the FCC Denver Office requested that a
        NOTAM be issued for the structure. There was no evidence that the
        antenna structure owner had reported any extinguishment to a Flight
        Service Center Station or to the Federal Aviation Administration.

     c. 47 C.F.R. S 17.51(a):  "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified."   At
        the time of the observation, the tower was unlit, exhibiting no
        obstruction lighting.

    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, CLI  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 CLI to support
       its response to this Notice with an affidavit or declaration under
       penalty of perjury, signed and dated by an authorized officer of CLI
       with personal knowledge of the representations provided in CLI'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 licensee'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

   Denver District Office

   P.O. Box 25446

   Lakewood, CO 80225

    6. This Notice shall be sent to Communication Leasing, Inc., 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.


   Nikki P. Shears

   District Director

   Denver  District Office

   Western 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