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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Husky Tower Company ) File No. EB-FIELDSCR-15-00018344


   Owner of Antenna Structure No. 1053860 ) NOV No. V201532540002


   Tilden, TX )


                              NOTICE OF VIOLATION

   Released: April  30, 2015

   By the Resident Agent, Houston Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Husky Tower Company, owner of
       Antenna Structure number 1053860 in Tilden, Texas. 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.^

    2. On February 9, 2015, while conducting an investigation of a complaint
       of radio frequency interference, an agent of the Enforcement Bureau's
       Houston Office, inspected Antenna Structure number 1053860 and
       observed the following violation(s):

     a. 47 C.F.R S 17.50: "Antenna Structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility. Evaluation of the current paint status shall be made
        by using the FAA's In-Service Aviation Orange Tolerance Chart. This
        chart is based on the color requirements contained in the National
        Bureau of Standards Report NBSIR 75-663, Color Requirements for the
        Marking of Obstructions." At the time of inspection, the paint on the
        tower had faded well beyond the grayish limit of the paint chart and
        there were large patches of the structure where the paint had chipped
        off of the structure completely exposing the metal surface. It was
        concluded that the paint no longer provided good visibility. If your
        plan is to install strobes lights on this structure in lieu of
        painting, you must first obtain a new FAA Determination of No Hazard
        authorizing strobe lights and then modify the FCC's Antenna Structure
        Database to reflect the new Determination of No Hazard.

     b. 47 C.F.R S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within 5 days of completion of construction (FCC Form
        854-R) and/or dismantlement(FCC Form 854). The owner must also
        immediately notify the Commission within 5 days of any change in
        structure height or change in ownership information (FCC Form 854)."
        The ownership contact information, specifically the telephone number,
        in the FCC Antenna Structure database is not correct and needs to be

    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, Husky Tower Company must
       submit a written statement concerning this matter within 20 days of
       release of this Notice. The response must fully explain each
       violation, must contain a statement of the specific action(s) taken to
       correct each violation and preclude recurrence, and should include a
       time line for completion of pending corrective action(s). The response
       must be complete in itself and signed by a principal or officer of
       Husky Tower Company.^

    4. In accordance with Section 1.16 of the Rules, we direct Husky Tower
       Company to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Husky Tower Company with personal knowledge of
       the representations provided in its 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.^

    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

   9597 Jones Road, #362

   Houston, Texas 77065

    6. This Notice shall be sent to Husky Tower Company at its address of

    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.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central 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