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Alascom, Inc., Nenana, AK

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Alascom, Inc.
) File No. EB-FIELDWR-13-00012018
Owner of Antenna Structure ASR #1005570
)
)
NOV No. V201432780008
Nenana, Alaska
)

NOTICE OF VIOLATION

Released: November 7, 2013

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 (Rules),1 to Alascom, Inc., registrant of antenna structure #1005570 in Nenana,
Alaska. 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.2
2.
On September 19, 2013, an agent of the Enforcement Bureau’s Anchorage Resident
Agent Office inspected antenna structure #1005570 located 1.6 Km North of Nenana, and observed the
following violation:
a.
47 C.F.R. § 17.23: “[E]ach 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,’ . . . .” Antenna structure #1005570 requires lighting requirements as
specified by FAA Chapter 5, in accordance with FAA Circular 70/7460-1H.
Chapter 5 requires that structures 46 meters AGL or less have two or more
steady burning (L-810) lights mounted on the antenna structure. At the time
of inspection, the agents observed one of the required steady burning lights to
be non-functional.

3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Alascom, Inc. 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. §403.

Federal Communications Commission

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.4
4.
In accordance with Section 1.16 of the Rules, we direct Alascom, Inc. to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Alascom, Inc. with personal knowledge of the representations provided in Alascom,
Inc.’s response, verifying the truth and accuracy of the information therein,5 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.6
5.
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 231949
Anchorage, Alaska 99523-1949
6.
This Notice shall be sent to Alascom, Inc. at its address of record.
7.
The Privacy Act of 19747 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
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau


4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47
C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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