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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
St. Mary Hospital ) File No.:
EB-FIELDWR-14-00014718 )
Owner of Antenna Structure No. 1270263 ) NOV No.:
V201432800038
)
Grand Junction, CO )
NOTICE OF VIOLATION
Released: June 26, 2014
By the District Director, Denver 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 St. Mary Hospital, owner of antenna
structure # 1270263 in Grand Junction, CO. 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.
* On March 17, 2014, an agent of the Enforcement Bureau's Denver Office
inspected antenna structure # 1270263 located at 2635 N 7[th] Street,
Grand Junction, CO, and observed the following violation:
+ 47 C.F.R. ยง 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 # 1270263
reflects the FAA recommendation that the structure be lit in accordance
with Chapters 4, 8, and 12, of FAA Circular 70/7460-1K. Chapter 8
specifies dual lighting, indicating white lights for daytime and red
lights for nighttime. During the daytime inspection on March 17,
2014, the agent observed that the tower was not lit.
* 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, St. Mary
Hospital 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 St. Mary
Hospital to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of St. Mary Hospital with personal knowledge
of the representations provided in St Mary Hospital'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
Denver Office
P.O. Box 25446
One Denver Federal Center - Building 1A
Lakewood, CO 80225
* This Notice shall be sent to St. Mary Hospital 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
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau