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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
South Florida Water Management District ) File No.:
EB-FIELDSCR-13-00012782
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
Bureau:
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission