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GCI Communications Corp, Anchorage, AK

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Released: May 9, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
GCI Communications Corp
) File No. EB-FIELDWR-13-00008430
Antenna Structure Registrant
)
ASR No. 1212295
)
NOV No. V201332780017
Anchorage, Alaska
)
)

NOTICE OF VIOLATION

Released: May 9, 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 GCI Communications Corp. (GCI), registrant of antenna structure
#1212295 in the Anchorage, 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 January 29, 2013, at approximately 9:30 AM, an agent of the Enforcement Bureau’s
Anchorage Resident Agent Office inspected antenna structure # 1212295 located on the roof top of West
High School at 1700 Hillcrest Dr. Anchorage, Alaska, and observed the following violations:
a.
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.” GCI failed to notify the Commission of a change in ownership
information.
b.
47 C.F.R. § 17.51(a): “All red obstruction lighting shall be exhibited from sunset to
sunrise unless otherwise specified.” At the time of inspection, only the bottom bulb
of a L-864 obstruction light flashed red as required. The top bulb was non-functional.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

c.
47 C.F.R. § 17.48(a): “The owner of any antenna structure which is registered with
the Commission and 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.” GCI failed to notify the FAA of the improper
functioning of the top mounted flashing light.
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, GCI 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.4
4.
In accordance with Section 1.16 of the Rules, we direct GCI to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of GCI with personal knowledge of the representations provided in GCI’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:


3 47 U.S.C. §403.
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.
2

Federal Communications Commission

Federal Communications Commission
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6.
This Notice shall be sent to GCI Communications Corp. 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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