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The Estate of John C. Aegerter, Delafield, WI

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Released: September 4, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
The Estate of John C. Aegerter
)
File No. EB-FIELDNER-12-00003225
Antenna Structure Registrant
)
ASR # 1033541
)
NOV No. V201232320008
Delafield, Wisconsin
)

NOTICE OF VIOLATION

Released: September 4, 2012

By the District Director, Chicago District Office, Northeast Region, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules,1
to the Estate of John C. Aegerter. John C. Aegerter, now deceased, was the registrant of antenna
structure #1033541 in Delafield, Wisconsin.
2. On July 9, 2012, an agent, in response to a complaint that the top beacon was extinguished,
inspected antenna structure #1033541 located adjacent to 486 Cedar Valley Court, Delafield,
Wisconsin, and observed the following violation:
a.
47 C.F.R. § 17.51(a): “All red obstruction lighting shall be exhibited from
sunset to sunrise unless otherwise specified.” The antenna structure
registration for antenna structure #1033541 requires a top flashing beacon and
at least two steady burning lights at approximately two-thirds and one-third
levels. At the time of the inspection, the agent observed extinguishment of the
top flashing beacon.
b.
47 C.F.R. § 17.57: “The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854–R) and/or
dismantlement (FCC Form 854). The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information.” The Antenna Structure Registration
(ASR) database still identifies John C. Aegerter as the registrant of antenna
structure #1033541. The Estate of Mr. Aegerter must file an FCC Form 854
in order to update the ownership information in the ASR database.


1 47 C.F.R. § 1.89.

Federal Communications Commission

3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of
the Commission’s rules, the Estate of John C. Aegerter 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 any pending corrective
action(s). The response must be complete in itself and signed by a principal or officer of the
tower. 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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
4. This Notice shall be sent to the Estate of John C. Aegerter 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
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau


247 U.S.C. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.
2

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