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


In the Matter of	)
	)
David Chappell	)	File No.:  EB-FIELDNER-16-00021016
Owner of Antenna Structure	)	NOV No.:  V201732340001
ASR# 1050171	)
	)
Owenton, Kentucky	)




NOTICE OF VIOLATION

	Released:  October 25, 2016

By the Regional Director, Region One, Enforcement Bureau:

 This is a Notice of Violation (Notice) issued pursuant to Section 1.89
 of the Commission's rules (Rules) to David Chappell, the owner of an
 antenna structure located on US Highway 227 (Lat. 38° 34' 30.8" N;
 Long. 84° 49' 21.7" W) in Owenton, Kentucky (Owenton antenna structure).
 Pursuant to Section 1.89(a) of the Commission's 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 violations noted herein.

 On January 15, 2016, an agent of the Enforcement Bureau's Detroit Office
 inspected the Owenton antenna structure.  The following violations
 were observed:

       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."  The Owenton antenna
       structure is subject to Antenna Structure Registration (ASR)
       No. 1050171, which applies painting and lighting requirements
       from Chapters 4, 6, and 12 of FAA Circular Number 70/7460-1K.
       ASR No. 1050171 also states that the antenna structure is 88.1 m
       (289 feet) in height.  Chapter 4 of FAA Circular Number 70/7460-1K
       indicates that antenna structures of that height require daytime,
       twilight, and nighttime lighting.  At the time of the inspection,
       all of the obstruction lighting was extinguished.

       47 C.F.R. § 17.48(a):  "The owner of an antenna structure
       which is registered with the Commission and has been assigned
       lighting specifications...shall report immediately to the FAA,
       by means acceptable to the FAA, any observed or otherwise known
       extinguishment or improper functioning of any top steady burning
       light, regardless of its position on the antenna structure, not
       corrected within 30 minutes."  The obstruction lighting outage
       had not been reported to the Federal Aviation Administration.

       47 C.F.R. § 17.56.  Replacing or repairing of lights, automatic
       indicators or automatic control or alarm systems shall be
       accomplished as soon as practicable.  On October 3, 2016, David
       Chappell informed a Columbia Office agent that the obstruction
       lighting on the antenna structure had not been repaired since
       the FCC inspection on January 15, 2016.

	     47 C.F.R. § 17.57:  "The owner [of an antenna structure]
	     must also notify the Commission within 5 days of any change
	     in structure height or change in ownership information
	     (FCC Form 854)."  David Chappell had never notified the
	     Commission that he purchased the antenna structure from
	     Joseph and Deborah Zapotoczny on August 26, 2014.

 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, David Chappell
 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 David
 Chappell to support his response to this Notice with an affidavit
 or declaration under penalty of perjury, signed and dated by David
 Chappell, verifying the truth and accuracy of the information therein,
 and confirming that all of the information requested by this Notice
 which is in David Chappell'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
		     Columbia Office
		     9200 Farm House Lane
		     Columbia, Maryland 21046

 This Notice shall be sent to David Chappell at his 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





				       David C. Dombrowski
				       Regional Director
				       Region One
				       Enforcement Bureau