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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Nevada Yellow Cab Corporation	) 	File No.: EB-FIELDWR-14-00014567
	)	NOV No.:  V201432900019
Registrant of Antenna Structure No. 1265549	)
	)	
Las Vegas, Nevada	)		
			 



NOTICE OF VIOLATION

	Released:  April 10, 2014

By the District Director, Los Angeles 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 Nevada Yellow Cab Corporation, registrant of antenna structure number 1265549 in Las Vegas, Nevada.  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 6, 2014, an agent of the Enforcement Bureau's Los Angeles Office inspected antenna structure number 1265549 located at 5225 W. Post Road, Las Vegas, Nevada, and observed the following violations:

  + 47 C.F.R. § 17.57:  "The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854). The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information."  During the inspection, the agent observed multiple appurtenances extending above the registered height of the structure and above the top red obstruction lights.  The FCC had not been notified of the change in structure height.   Also, at the time of the inspection, the FCC's antenna structure registration database listed the status of the antenna structure as "Granted" instead of "Constructed" even though the structure had been constructed.   
  + 47 C.F.R. § 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,'..." At the time of the inspection, the Los Angeles Office agent observed that the antenna structure was not painted as required by FAA Study 2005-AWP-1717-OE.

  + 47 C.F.R. § 17.47: "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required..." At the time of inspection, the agent observed that the tower did not have an automatic alarm indicator, no tower lights observation log available and the owner admitted that they did not observe the tower light once every 24 hours.

* 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.  Additionally, we request the following information be provided:  (1) when were the top mounted appurtenances extending above the registered structure height installed?
* Therefore, Nevada Yellow Cap Corporation 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 Nevada Yellow Cab Corporation to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Nevada Yellow Cab Corporation with personal knowledge of the representations provided in Nevada Yellow Cab Corporation'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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, California 90703

* This Notice shall be sent to Nevada Yellow Cab Corporation 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




Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau