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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Andrews Tower Rental, Inc. / Karen McMillan ) File No.:
EB-FIELDSCR-16-00021155
ASR # 1058250 )
) NOV No.: V201632500005
Oplin, Texas )
NOTICE OF VIOLATION
Released: May 20, 2016
By the Regional Director, Dallas Office, Region 2, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Andrews Tower Rental,
Inc. (Andrews Tower), owner of antenna structure # 1058250 in Oplin,
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.
On February 24, 2016, the FCC Dallas Office received a complaint that
the Antenna Structure Registration (ASR) Number 1058250 had a tower
light outage. A Notice to Airmen (NOTAM) was issued by the Federal
Aviation Administration (FAA). On February 24, 2016, March 23, 2016,
and April 22, 2016, the FAA has issued three consecutive NOTAMs (ABI
02/021, ABI 03/028, and ABI 04/019), to a registered antenna structure
located in Oplin, Texas, due to problems with the antenna structure's
lighting system. FCC records show that the referenced antenna structure
was registered to Andrews Tower, under ASR Number 1058250. The geographic
coordinates for this antenna site are N32-10-16, W99-35-26.
47 C.F.R. § 17.56(a): States that "Replacing or repairing
of lights, automatic control or alarm systems shall be
accomplished as soon as practicable." On February 24,
2016, March 7, 2016, March 17, 2016, March 23, 2016,
April 1, 2016, April 5, 2016, April 8, 2016, April 15,
2016, May 4, 2016 and May 10, 2016, the Dallas Office
asked Andrews Tower for the specific action taken to
correct the tower lights and a time line for completion
of any pending corrective action. As of May 20, 2016, the
Dallas Office has not received the information requested.
In addition, your FCC Antenna Structure Registration ownership
information for the referenced antenna structure is not updated.
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 (FCC Form 854-R)
and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon
any change in structure height or change in ownership
information." As of May 20, 2016, the ASR database shows
that the ownership information (contact person, phone
number, email and physical address) is not updated.
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 Andrews Tower,
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 Andrews Tower
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Andrews Tower with personal knowledge of the representations provided
in Andrews Tower'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 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243
This Notice shall be sent to Andrews Tower Rental, Inc. / Karen McMillan,
764 FM 502, Richland Springs, TX 76871-2114.
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 Ramage
Regional Director
Region 2
Enforcement Bureau