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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Qwest Corporation ) File No.: EB-FIELDWR-13-00012365 Owner of Antenna
Structure No. 1032021 )
) NOV No.: V201432800012
Montrose, CO )
NOTICE OF VIOLATION
Released: January 30, 2014
By the District Director, Denver 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 Qwest Corporation (Qwest),
registrant of antenna structure # 1032021 in Montrose, CO. 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 again on November 19, 2013, an agent of the
Enforcement Bureau's Denver Office conducted nighttime observations of
antenna structure # 1032021 located at 602 N First Avenue, in
Montrose, Colorado. The agent conducted an inspection of antenna
structure # 1032021 during daylight on November 20, 2013. During
these inspections, the agent observed the following violations:
a. 47 C.F.R. S 17.4(g): "...the Antenna Structure Registration Number
must be displayed in a conspicuous place so that it is readily
visible near the base of the antenna structure. Materials used to
display the Antenna Structure Registration Number must be
weather-resistant and of sufficient size to be easily seen at the
base of the antenna structure." The agent observed that the Antenna
Structure Registration Number was not displayed.
b. 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 FAA's painting and lighting
recommendations set forth on the structure's FAA determination of "no
hazard,"..." The FAA recommended that the antenna structure be
painted and lit in accordance with Chapters 3, 4, 5, and 13, of FAA
Circular 70/7460-1J. Chapter 3 specifies that the structure be
painted and Chapter 5 specifies that the structure be lit. During the
night-time observations on November 18, and again November 19, 2013,
the agent observed that the structure was not lit at all.
c. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." The agent observed that the paint was very faded
and chipped.
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, Qwest 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 Qwest to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Qwest with personal knowledge of the representations provided in
Qwest'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 Office
P.O. Box 25446
One Denver Federal Center - Building 1A
Lakewood, CO 80225
6. This Notice shall be sent to Qwest Corporation 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
Nikki P. Shears
District Director
Denver 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
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Federal Communications Commission