Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Paul Bunyan Rural Telephone Cooperative ) File No.:

   Owner of Antenna Structure No. 1024447 )

   Coleraine, Minnesota ) NOV No.: V201432320011

                              NOTICE OF VIOLATION

                                                     Released: July  21, 2014

   By the District Director, Chicago Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Paul Bunyan Rural Telephone
       Cooperative (PBRTC) registrant of antenna structure number 1024447 in
       Coleraine, Minnesota. 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 July 10, 2014, an agent of the Enforcement Bureau's Chicago Office
       inspected antenna structure number 1024447 located 1.1 miles North of
       the junction of Highway 169 and County Road 440 near Coleraine,
       Minnesota and observed the following violations:

   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 FCC's Antenna
   Structure Registration (ASR) database currently indicates that antenna
   structure 1024447 requires aviation orange and white paint and red
   obstruction lighting in accordance with FAA Circular Number 70/7460-1G,
   Chapters 3, 4, 5, and 9. The antenna structure does not conform to these
   recommendations. The Agent observed that the tower was not painted and was
   equipped with a high intensity flashing white obstruction lighting system,
   and therefore is in violation of 47 C.F.R. S 17.23. In order to come into
   compliance with the Commission's rules, PBRTC must either: (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 ASR by removing
   the white obstruction lighting and painting the tower.

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

   Chicago Office

   1550 North Northwest Hwy., Suite 306

   Park Ridge, Illinois 60068

    6. This Notice shall be sent to Paul Bunyan Rural Telephone Cooperative,
       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.


   G. Michael Moffitt

   Regional Director

   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


                       Federal Communications Commission