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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Twenty One Sound Communications, Inc. ) File No.:
EB-FIELDSCR-14-00017969
Owner of Antenna Structure No. 1003183 )
) NOV No.: V201532560002
Woodland Lakes, MO )
)
NOTICE OF VIOLATION
Released: January 6, 2015
By the District Director, Kansas City 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 Twenty One Sound Communications,
Inc., owner of antenna structure number 1003183 in Woodland Lakes,
Missouri. 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 December 22, 2014, the Commission received a complaint that the
lighting on antenna structure number 1003183 located at Hwy EE at
Pea Ridge was inoperable. The contact information for the structure
in the Antenna Structure Registration (ASR) database was inaccurate.
Because the owner of the structure could not be reached, the Commission
contacted the Federal Aviation Administration, which issued a Notice to
Airmen (NOTAM) for the structure, and the Enforcement Bureau's Kansas
City Office (Kansas City Office) initiated an investigation.
* On December 24, 2014, an agent with the Kansas City Office found the
following violations:
+ 47 C.F.R. § 17.47(a): "... the owner of any antenna structure
which is registered with the Commission and assigned lighting
specifications... 1) Shall make an observation of the antenna
structures lights at least once each 24 hours either visually or
by observing an automatic properly maintained indicator designed to
register any failure of such lights... 2) Shall provide and properly
maintain an automatic alarm system designed to detect any failure of
such lights and to provide indication of such failure to the owner."
According to Twenty One Sound Communications, Inc., the last known
date when lighting on the structure was observed to be operational
was on or about November 29, 2014. Twenty One Sound Communications,
Inc. was unaware of the light outage when informed of the complaint
by the agent on December 22, 2014.
+ 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... and/or
dismantlement... The owner must also immediately notify the Commission
using FCC Form 854 upon any change in structure height or change in
ownership information." On December 22, 2014, the ownership information
for antenna structure number 1003183 in the ASR database was incorrect.
* 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, Twenty One
Sound Communications, Inc. 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. The response must also describe the steps taken to ensure that
the information for all antenna structures owned by Twenty One Sound
Communications in the ASR and FCC Registration Number (FRN) databases
is correct and complete and provide a list of any updated information.
Finally, the response must specify the FRN associated with antenna
structure number 1003183.
* In accordance with Section 1.16 of the Rules, we direct Twenty One
Sound Communications, Inc. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Twenty One Sound Communications, Inc. with
personal knowledge of the representations provided in Twenty One Sound
Communications, Inc.'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 Twenty One Sound Communications,
Inc. 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
Kansas City Office
520 NE Colbern Rd., 2nd Floor
Lees Summit, MO 64086
* This Notice shall be sent to Twenty One Sound Communications, Inc. 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
Ronald D. Ramage
District Director
Kansas City Office
South Central Region
Enforcement Bureau