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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Alaska Wireless Network ) File
No. EB-FIELDWR-14-00017246
Owner of Antenna Structure ASR #1022129 )
) NOV No. V201532780001
Kasilof, Alaska )
)
NOTICE OF VIOLATION
Released: October 2, 2014
By the Resident Agent, Anchorage 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 The Alaska Wireless Network,
registrant of antenna structure #1022129 in Kasilof, Alaska. 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 August 14, 2014, an agent of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure #1022129 located on
off the Sterling Highway, in Kasilof, Alaska, and observed the following
violation:
+ 47 C.F.R. § 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," as referenced in the . . . FAA Advisory Circulars
. . . ." Antenna structure #1022129 requires painting and lighting
requirements as specified by FAA Chapters 4, and 8 in accordance with
FAA Circular Number 70/7460-1J. Chapter 8 requires the mounting at
the top of the antenna structure, a dual lighting system that includes
red lights for nighttime and medium intensity flashing white lights
for daytime and twilight use. The tower inspection occurred during
daylight hours. The agents observed top mounted white obstruction
lighting and a red side-by-side light. The agent did not observe the
white obstruction lighting flashing as required.
b. 47 C.F.R. § Section 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." On August 12, 2014, during daylight hours, the agent
inspected the tower. The agent did not observe the top mounted
light flashing white. The agent attempted to contact The Alaska
Wireless Network to advise them of the non-flashing strobe. The
agent was unable to make contact and left a voice mail advising of
the lighting malfunction of the white strobe light and to notify
the FAA and initiate a NOTAM.
* 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, The Alaska
Wireless Network, 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 The Alaska
Wireless Network to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an authorized
officer of The Alaska Wireless Network with personal knowledge of the
representations provided in The Alaska Wireless Network'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
Anchorage Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
* This Notice shall be sent to The Alaska Wireless Network 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
Marlene Windel
Resident Agent
Anchorage Office
Western Region
Enforcement Bureau