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 )


   South Florida Water Management District ) File No.:

   Owner of Antenna Structure No. 1064263 )

   )  NOV No.: V201432600002


   Homestead, Florida )

                              NOTICE OF VIOLATION

   Released: December 23, 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 South Florida Water Management
       District (SFWMD), owner of antenna structure number 1064263 in
       Homestead, 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 12, 2013, an agent of the Enforcement Bureau's Miami
       Office inspected antenna structure number 1064263 located in
       Homestead, Florida 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." According to the FCC Antenna Structure Registration (ASR)
        database, antenna structure number 1064263 is required to have a dual
        lighting system as specified in FCC Paragraphs A1, H, 3, 11, 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 SFWMD representative stated to an agent that antenna
        structure 1064263 utilizes an automatic alarm system designed to
        detect and alert them of any light failure, but the representative
        stated that the system first alerted them of the outage on December
        13, 2013, a day after agents observed the light outage.

     c. 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." A SFWMD representative stated to an agent that they became
        aware of the light outage on December 13, 2013, but SFWMD did not
        report the outage until December 16, 2013, after they were advised by
        an agent.

     d. 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 Federal Aviation
        Administration's (FAA's) painting and lighting recommendations set
        forth on the structure's FAA determination of "no hazard," as
        referenced in the. . .FAA Advisory Circulars." The FCC's ASR database
        currently states that antenna structure 1064263 is 61.3 meters in
        height and requires a dual lighting system in accordance with FAA
        Study 2009-ASO-4841-OE and FCC Paragraphs A1, H, 3, 11, 21, 23.
        Specifically, FCC Paragraph 11 requires at least two steady-burning
        aviation red obstruction lights installed at the approximate midpoint
        of the tower. The antenna structure does not conform to these
        recommendations. The agent observed that the structure was not
        equipped with the required red obstruction lights at the midpoint,
        and a SFWMD representative confirmed this finding. Therefore, it is
        in violation of 47 C.F.R. S 17.23. In order to come into compliance
        with the Commission's rules, SFWMD 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.

    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, SFWMD 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 SFWMD  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       SFWMD with personal knowledge of the representations provided in
       SFWMD'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 South Florida Water Management District
       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