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

In the Matter of	)
InSite Towers, LLC	)	File No.:  EB-FIELDWR-14-00015014
Owner of Antenna Structure No. 1218271	)	NOV No.:  V201432940039
Maljamar, New Mexico	)


Released:  May 1, 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 InSite Towers, LLC (InSite), owner of Antenna Structure No. 1218271 in Maljamar, New Mexico.  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 and February 26, 2014, an agent of the Enforcement Bureau's San Diego Office inspected Antenna Structure No. 1218271 located at 2542 Tower Road, Maljamar, New Mexico, and observed the following violations:

  + 47 C.F.R. § 17.51(a): "All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified."  At the time of the inspections, the agent observed that the red flashing obstruction lights at the top of the antenna structure and at one-half of the height of the antenna structure above ground were not functioning at nighttime.

  + 47 C.F.R. § 17.47(a)(1),(2):  "The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications in this part [s]hall 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; or alternatively [s]hall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner."  Prior to the inspection, the antenna structure owner failed to observe that the obstruction lights at the top of the antenna structure and at one-half of the height of the antenna structure above ground were not functioning.

  + 47 C.F.R. § 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 [s]hall 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.  Such reports shall set forth the condition of the light or lights, the circumstances which caused the failure, the probable date for restoration of service, the FCC Antenna Structure Registration Number, the height of the structure (AGL and AMSL if known) and the name, title, address, and telephone number of the person making the report."  The San Diego agent contacted the FAA and learned that the outage had not been reported and a NOTAM had not been issued.  At that time, the agent had a NOTAM issued for the top red flashing obstruction light outage.  The antenna structure owner failed to report the obstruction light outage to the FAA.

* 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, InSite 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 InSite to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of InSite with personal knowledge of the representations provided in InSite'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 Office
4542 Ruffner Street, Suite 370
San Diego, CA  92111

* This Notice shall be sent to InSite Towers, LLC, 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.


James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau