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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Hilo Tower, LLC ) File No. EB-FIELDWR-14-00015925
Antenna Structure Registrant )
ASR # 1011944 )
) NOV No. V201532860002
Hilo, Hawaii )
)
NOTICE OF VIOLATION
Released: December 4, 2014
By the Resident Agent, Honolulu 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 Hilo Tower, LLC, registrant of
antenna structure #1011944 in Hilo, Hawaii. 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 May 7, 2014, agents of the Enforcement Bureau's Honolulu Office
inspected antenna structure #1011944 located at the northeast corner of
Kahaopea St and Auwae Rd, in Hilo, Hawaii, approximately 1.6 miles from
Hilo International Airport, and observed the following violation:
+ 47 C.F.R. ยง 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." At the time of inspection, the paint on this
structure was observed to be peeling and faded well beyond the point
of providing good visibility.
* 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, Hilo Tower,
LLC 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 Hilo Tower, LLC
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Hilo Tower, LLC with personal knowledge of the representations provided in
the 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
Honolulu Office
POB 971030
Waipahu, Hawaii 96797-1030
* This Notice shall be sent to Hilo Tower, LLC 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
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau