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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Virginia, Commonwealth of, Dept. of Transportation) File No.:
EB-FIELDSCR-14-00017541
Owner of Antenna Structure No. 1024092 )
) NOV No.: V201532640001
)
Norfolk, VA )
NOTICE OF VIOLATION
Released: October 29, 2014
By the Resident Agent, Norfolk Office, South Central Region, Enforcement
Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Virginia, Commonwealth of,
Department of Transportation (VDOT), owner of antenna structure number
1024092 in Norfolk, Virginia. 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.
* On October 10, 2014 an agent of the Enforcement Bureau's Norfolk
Office inspected antenna structure number 1024092 located at I-64 and
I-564, Exit 276, and observed the following violation(s):
+ 47 C.F.R. ยง 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure must conform to the FAA's
painting and lighting specifications set forth in the FAA's final
determination of "no hazard" and the associated FAA study for that
particular structure. For purposes of this part, any specifications,
standards, and general requirements set forth by the FAA in the
structure's determination of "no hazard" and the associated FAA study
are mandatory. Additionally, each antenna structure must be painted
and lighted in accordance with any painting and lighting requirements
prescribed on the antenna structure's registration, or in accordance
with any other specifications provided by the Commission." According to
the FCC antenna structure registration, the antenna structure requires
painting and lighting as specified in FAA circular number 70/7460-1K,
chapters 3, 4, 5, and 12. On October 10, 2014, after sunset, an agent
observed the top beacon was extinguished.
* 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, VDOT 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 also describe the steps that VDOT is taking to ensure that it
monitors the lights on the antenna structure, as required, to ensure
proper functioning. 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 VDOT to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
VDOT with personal knowledge of the representations provided in VDOT'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 VDOT'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
Norfolk Office
1457 Mount Pleasant Road, Suite 113
Chesapeake, VA 23322
* This Notice shall be sent to VDOT 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
Greg Coons
Resident Agent
Norfolk Office
South Central Region
Enforcement Bureau