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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lincoln County, Nevada ) File No.:
EB-FIELDWR-14-00016399 ) NOV No.: V201432900023
Registrant of Antenna Structure No. 1282229 )
)
Coyote Springs, Nevada )
NOTICE OF VIOLATION
Released: July, 17, 2014
By the District Director, Los Angeles 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 Lincoln County, Nevada (Lincoln
County), registrant of antenna structure number 1282229 located in Coyote
Springs, Nevada. 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 violations noted herein.
* On June 19, 2014, in response to a complaint, agents of the Enforcement
Bureau's Los Angeles Office inspected antenna structure number 1282229
located at coordinates 36⁰ 48' 38" North Latitude and 114⁰ 57' 23"
West Longitude 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." During the night time
observation, the agent observed no red obstruction lighting on the tower.
* 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 shall 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." At the time of the inspection, the
agent reported the antenna tower light outage to the FAA and initiated
the issuance of a Notice to Airmen (NOTAM). The FAA advised that a NOTAM
had not been reported by the tower owner.
* 47 C.F.R. § 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. Materials 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 the inspection, the antenna structure registration number
was not displayed.
* 47 C.F.R. § 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)." At the time of the inspection,
the FCC's antenna structure registration database listed the status of the
antenna structure as "Granted" instead of "Constructed." Lincoln County
did not notify the Commission of the construction completion.
* 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, Lincoln 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.
* In accordance with Section 1.16 of the Rules, we direct Lincoln County
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Lincoln County with personal knowledge of the representations provided
in Lincoln 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 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
Los Angeles Office
18000 Studebaker Rd., Suite 660
Cerritos, CA 90703
* This Notice shall be sent to the Lincoln County 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
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau