Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ACS Wíreless, Inc. ) File No. EB-08-AN-0047 Antenna Structure Registrant ) ASR # 1244328 ) NOV No. V200832780021 North Pole, Alaska ) NOTICE OF VIOLATION Released: June 9, 2008 By the Resident Agent, Anchorage Resident Agent Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to ACS Wireless, Inc., registrant of antenna structure #1244328 in Fairbanks, Alaska. 2. On May 15, 2008, at approximately 2:45 p.m., agents of the Enforcement Bureau’s Anchorage Resident Agent Office inspected antenna structure #1244328 located off Chena Hot Springs Road, in Fairbanks, Alaska, and observed the following violations: a. 47 C.F.R. § 17.4(g): “Except as described in paragraph (h) of this section, the Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.” At the time of the inspection, the agents did not locate an Antenna Structure Registration number posted at or in the vicinity of the antenna structure’s base. b. 47 C.F.R. § 17.23: “Unless otherwise specified by the Commission, each new or altered antenna structure to be registered on or after January 1, 1996, must conform to the FAA’s painting and lighting recommendations set forth on the structure’s FAA determination of “no hazard,” as referenced in the following FAA Advisory Circulars: AC 70/7460-1J, “Obstruction Marking and Lighting,” effective January 1, 1996, and AC 150/5345-43E, “Specification for Obstruction Lighting Equipment,” dated October 19, 1995. For purposes of this part, the specifications, standards, and general requirements stated in these documents are mandatory.” The ASR for antenna structure #1244328 requires lighting specifications in accordance with Chapter 5, FAA Circular Number 70/7460-1K, which requires a red 1 47 C.F.R. § 1.89. Federal Communications Commission 2 obstruction light system. The number of light levels is determined by the height of the structure, including all appurtenances. The number of lights on each level is determined by the shape and height of the structure. These lights should be mounted so as to ensure an unobstructed view of at least one light by a pilot. Mid-level red obstruction lighting is required for structures between 46 m to 107 m. Antenna structure #1244328 is 54.9 meters in height and at the time of inspection, the agents did not observe red obstruction lights mounted at the mid-level of the antenna structure. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, ACS Wireless, Inc. 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 ACS Wireless. 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 Resident Agent Office P.O. Box 221849 Anchorage, Alaska 99522-1849 4. This Notice shall be sent to by Certified Mail/Return Receipt Requested and regular mail to ACS Wireless, Inc. at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Marlene Windel Resident Agent Anchorage Resident Agent Office Western Region Enforcement Bureau 2 47 U.S.C. § 403. 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.