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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

    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

    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

    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.


   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


                       Federal Communications Commission