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                                  Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of


ACS Wireless, Inc.
                                               File No.:


Owner of Antenna Structure #1204036
                                                         NOV No.:
Eagle River, Alaska


Released:  May 28, 2015
By the Resident Agent, Anchorage Resident Agent 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 ACS Wireless, Inc., (ACSW),
in Anchorage, Alaska, owner of Antenna Structure #1204036, located in
Eagle River, 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(s) noted herein.
* On April 28, 2015, in response to a complaint that the top flashing
beacon of Antenna Structure #1204036 had been out since at least April 24,
2015, an agent from the Enforcement Bureau's Anchorage Office, attempted
to contact ACSW via email at approximately 3:15 p.m.   Receiving no
response, the agent researched, but could not locate, Notices to Airmen
(NOTAMs) for either the antenna structure location or any affected air
space/airports in the area.  Later that evening, the agent observed the
antenna structure while in Eagle River at approximately 10:10 p.m.,
10:20 p.m., and 10:30 p.m., and verified that the top beacon was not
operational.  At approximately 10:40 p.m., the agent telephoned the
Federal Aviation Administration's (FAA's) Kenai Flight Service Station
(FSS) and notified the FSS of the light outage on Antenna Structure
* On April 29, 2015, at approximately 7:45 a.m., the agent placed a
phone call to ACSW. Later that morning, ACSW called the agent stating
that the antenna structure's lighting was monitored and alarmed and that
ACSW was in the process of verifying the systems in place and would get
back with the agent with their findings.  On May 1, 2015, ACSW contacted
the Anchorage agent stating that the monitoring/alarm system had failed
at the structure, that the top beacon was out, and that replacement of
the top beacon and repairs of the monitoring/alarm system were underway.
Therefore, the following violations:
        ** 47 C.F.R. § 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."  Antenna Structure
        #1204036 requires painting and lighting requirements in accordance
        with FAA Chapters 4 and 5, of FAA Circular Number 70/7460-1J.
        Chapter 5 requires at the top of the structure at least one red
        flashing (L864) beacon.  At the time of the investigation, the
        required lighting was not observed on Antenna Structure #1204036.
        ** 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."  At the time of
        the investigation, no NOTAM was issued for Antenna Structure
        #1204036 by ACSW.
* 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, ACSW 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 ACSW to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer
of ACSW 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.
* 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, AK 99523-1949
* This Notice shall be sent to ACS Wireless, 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.
David Charlton
Resident Agent
Anchorage Office
Western Region
Enforcement Bureau