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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SpectraSite Communications, LLC through )
American Towers, LLC ) File No.:
EB-FIELDWR-17-00023532
)
Antenna Structure Registrant )
)
ASR# 1226410 ) NOV No.: V201732920004
)
Weitz, Idaho )
NOTICE OF VIOLATION
Released: February 27, 2017
By the Regional Director, Region Three, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to SpectraSite Communications, LLC
through American Towers, LLC (American Towers), registrant of antenna
structure ASR# 1226410 in Weitz, Idaho. 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 noted herein.
On February 8, 2017, approximately 8:33 AM local time, the Portland
Office received a complaint concerning tower light outage on antenna
structure ASR#1226410. The agent investigated the complaint and observed
the following violation:
47 C.F.R. ยง 17.48(a): "The owner of any antenna
structure which is registered with the Commission 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." Approximately 12:10
PM local time on February 8, 2017, the Portland agent
contacted the Flight Service Station (FSS) at 877-478-6867
to inquire whether there was a Notice to Airmen (NOTAM)
to cover for the light outage on antenna structure ASR#
1226410. The FSS informed the agent that there was
no NOTAM filed in effect for this tower. Upon request
from the agent, the FSS filed a NOTAM number EUL 02/008
with an expiration date of February 23, 2017. A local
representative from American Towers indicated that
the top-level, red steady burning light for nighttime
was extinguished on or approximately February 6, 2017;
therefore, the American Towers failed to timely notify
the FSS or the Federal Aviation Administration the tower
light outage within 30 minutes.
Pursuant to Sections 303(q) and 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,
American Towers, 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 American Towers
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
American Towers with personal knowledge of the representations provided
in American Towers' 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
Portland Office
P.O. Box 61469
Vancouver, Washington 98666-1469
This Notice shall be sent to SpectraSite Communications, LLC through
American Towers, LLC 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
Lark Hadley
Regional Director
Region Three
Enforcement Bureau