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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Global Tower, LLC ) File No.: EB-FIELDNER-13-00012308
Owner of Antenna Structure No. 1002474 )
) NOV No.: V201432360009
Oak Park, Michigan )
NOTICE OF VIOLATION
Released: December 31, 2013
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Global Tower, LLC, owner of
antenna structure number 1002474 in Oak Park, Michigan. 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. On November 18 and 19, 2013, an agent of the Enforcement Bureau's
Detroit Office inspected antenna structure number 1002474 located at
2400 Greenfield Road, Oak Park, Michigan, and observed the following
violations:
a. 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." On November 21, 2013, a Global representative informed
the agent that antenna structure number 1002474 utilizes an automatic
alarm system designed to detect and alert them of any light failure,
but the system did not indicate a light outage on or before November
20, 2013.
b. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified."
According to the FCC Antenna Structure Registration (ASR) for antenna
structure number 1002474, the tower requires painting with red
obstruction lights at nighttime as specified in FAA Circular Number
70/7460-1K, FAA Chapters 3, 4, 5 and 12. At the time of the
observations on November 18 and 19, 2013, the tower lights on antenna
structure number 1002474 were unlit.
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, Global Tower, LLC 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 Global Tower,
LLC to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Global Tower, LLC with personal knowledge of the
representations provided in Global Tower, LLC'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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
6. This Notice shall be sent to Global Tower, 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.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Office
Northeast 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
3
Federal Communications Commission