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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Hamilton County ) File No.: EB-FIELDNER-14-00015185

   Owner of Antenna Structure No. 1229659 )

   ) NOV No.: V201432360017

   Cincinnati, Ohio )

                              NOTICE OF VIOLATION

   Released: May 7, 2014

   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 Hamilton County, registrant of
       antenna structure number 1229659 in Cincinnati, Ohio. 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 noted herein.^

    2. On April 9, 2014, an agent of the Enforcement Bureau's Detroit Office
       inspected antenna structure number 1229659 located at 8330 Broadwell
       Road, Cincinnati, Ohio, and observed the following violation:

   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 registration
   for antenna structure number 1229659 indicates that the tower requires
   lighting in accordance with FAA Circular Number 70/7460-1K, FAA Chapters
   4, 8 and 12. Chapter 8 requires a dual lighting with red/medium intensity
   flashing white system. During the inspection, the agent observed that the
   structure did not have a medium intensity white flashing system installed
   but was painted with a red flashing top beacon and steady burning red side
   lights at the mid-level for nighttime lighting. In order to come into
   compliance with the Commission's rules, Hamilton County must: (1) obtain a
   new FAA "no hazard" determination indicating that the current lighting
   system is permitted and then submit a modified antenna structure
   registration to reflect the new "no hazard" determination or (2) submit a
   modified registration if a new FAA "no hazard" determination already has
   been obtained

    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, Hamilton County 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 Hamilton
       County to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized official of Hamilton County with personal knowledge of the
       representations provided in Hamilton County'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 Hamilton
       County'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 Hamilton County 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 District 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