Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Everglades Harvesting and Hauling, Inc. ) File No.: EB-FIELDSCR-12-00003123 Owner of Antenna Structure No. 1203137 ) NOV No.: V201232600010 ) Felda, FL ) ) NOTICE OF VIOLATION Released: July 11, 2012 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules, 1 to Everglades Harvesting and Hauling, Inc. (Everglades), owner of antenna structure number 1203137 in Felda, Florida. 2. On June 28, 2012, an agent of the Enforcement Bureau’s Miami Office inspected antenna structure number 1203137 located in Felda, Florida, and observed the following violations: a. 47 C.F.R. § 17.4(g): “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 inspection, the Antenna Structure Registration Number was not readily visible at or near the base of antenna structure number 1203137. 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 Federal Aviation Administration’s (“FAA’s”) painting and lighting recommendations set forth on the structure’s FAA determination of “no hazard,” as referenced in the. . .FAA Advisory Circulars.” The FCC’s Antenna Structure Registration (ASR) database currently indicates that the antenna structure requires aviation orange and white paint and red obstruction lighting in accordance with FAA Circular Number 70/7460-1H, Chapters 3, 4, 5, and 13. The antenna structure 1 47 C.F.R. § 1.89. Federal Communications Commission does not conform to these recommendations. The agent observed a flashing white strobe at the top of the structure, as it appears the structure is equipped with a dual lighting system. Therefore, it is in violation of 47 C.F.R. § 17.23. In order to come into compliance with the Commission’s rules, Everglades must do one of the following: (1) obtain a new FAA “no hazard” determination indicating that the current lighting system is permitted and then submit a modified antenna structure registration to reflect the new “no hazard” determination, (2) submit a modified registration if a new FAA “no hazard” determination already has been obtained, or (3) come into compliance with the current requirements. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission’s rules, Everglades 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 Everglades. 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 Miami Office P.O. Box 520617 Miami, FL 33152 4. This Notice shall be sent to by Certified Mail, Return Receipt Requested, and First Class Mail to Everglades at its address of record. 5. The Privacy Act of 1974 3 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 Steven DeSena Resident Agent Miami Office South Central Region 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. Federal Communications Commission Enforcement Bureau