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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Pompano Beach ) File No.: EB-FIELDSCR-14-00015907
Owner of Antenna Structure Number )
1201129 )
) NOV No.: V201432600010
)
Pompano Beach, Florida )
NOTICE OF VIOLATION
Released: June 10, 2014
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to City of Pompano Beach, owner of
antenna structure number 1201129 in Pompano Beach, Florida. 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.^
2. On May 16, 2014, an agent of the Enforcement Bureau's Miami Office
inspected antenna structure number 1201129 located at 100 SW 3^rd St.,
Pompano Beach, Florida, and 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. Material 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." At the time of inspection, the Antenna Structure
Registration Number was not posted at or near the base of the antenna
structure.
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 Federal Aviation Administration's (FAA)
painting and lighting recommendations set forth on the structure's FAA
determination of "no hazard," as referenced in the. . .FAA Advisory
Circulars." The FCC's Antenna Structure Registration (ASR) database
currently indicates that antenna structure 1201129 requires aviation
orange and white paint and red obstruction lighting in accordance with
FAA Circular Number 70/7460-1H, Chapters 3, 4, 5, and 13. The antenna
structure does not conform to these recommendations. The agent
observed that the tower has a flashing white strobe located at the top
of the structure. Therefore, it is in violation of 47 C.F.R. S 17.23.
In order to come into compliance with the Commission's rules, City of
Pompano Beach must do one of the following: (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, (2) submit a modified
registration if a new FAA "no hazard" determination already has been
obtained, or (3) come into compliance with the current requirements.
c. 47 C.F.R. S 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)." According to Antenna
Structure Registration (ASR) 1201129, the tower is still in a
`granted' status. The owner was granted authorization to construct the
structure, and was sent construction reminders, but never filed the
required construction notifications with the FCC advising when
construction was completed. City of Pompano Beach is directed to
update their ASR to show that the structure has been constructed.
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, City of Pompano Beach 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 City of
Pompano Beach to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of City of Pompano Beach with personal knowledge
of the representations provided in City of Pompano Beach'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 registrant'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
Miami Office
P.O. Box 520617
Miami, FL 33152-0617
6. This Notice shall be sent to City of Pompano Beach 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
Steven DeSena
Resident Agent
Miami Office
South Central 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