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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Stanley S Hubbard Revocable Trust ) File No.: EB-FIELDWR-14-00014665
Owner of Antenna Structure No. 1004616 ) NOV No.: V201432940032
)
Caprock, NM )
NOTICE OF VIOLATION
Released: April 3, 2014
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to the Stanley S Hubbard Revocable Trust (The Trust), registrant of antenna structure #1004616 in Caprock, NM. 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.
* On February 25, 2014, an agent of the Enforcement Bureau's San Diego Office inspected antenna structure #1004616 located at coordinates 33° 22' 22.6" north latitude and 103° 46' 24.8" west longitude, and observed the following violation:
* 47 C.F.R. § 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified." According to the FCC's antenna structure registration (ASR) database, tower #1004616 is required to be painted and at night to have red obstruction lighting. Specifically, this tower is required to have red beacon lighting at the top of the tower, and at two-thirds and one third of the tower's height above ground, and to have red steady-burning lighting at five-sixths, one-half, and one-sixth of the tower's height above ground. At the time of the inspection, the agent only observed steady-burning red obstruction lighting at three levels of the tower, no red beacons were observed working at night.
* 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, The Trust, 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.
* In accordance with Section 1.16 of the Rules, we direct The Trust to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of The Trust with personal knowledge of the representations provided in The Trust'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.
* 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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
* This Notice shall be sent to the Stanley S Hubbard Revocable Trust at its address of record.
* 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 T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau