Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Rochester City School District, Rochester, NY

Download Options

Released: March 28, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Rochester City School District
)
File No. EB-FIELDNER-13-00007354
Antenna Structure Registrant
)
ASR # 1233216
)
NOV No. V201332400022
Rochester, New York
)

NOTICE OF VIOLATION

Released: March 28, 2013

By the District Director, Philadelphia Office, Northeast 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 Rochester City School District (Rochester), registrant of antenna structure
number 1233216 in Rochester, New York. Pursuant to Section 1.89(a) of the Rules, issuance of this
NOV does not preclude the Enforcement Bureau from further action if warranted, including issuing a
Notice of Apparent Liability for Forfeiture for the violations noted herein.2
2.
On March 7, 2013, agents of the Enforcement Bureau’s Philadelphia Office inspected
antenna structure number 1233216 located in Rochester, New York 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 posted.
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’ ….” The FCC’s
Antenna Structure Registration (ASR) database currently indicates that


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

Federal Communications Commission

antenna structure # 1233216 requires marking and red obstruction lighting
during the nighttime in accordance with FAA circular number 70/7460-1K,
FAA Chapters 3, 4, 5, 12. At the time of inspection, the antenna structure’s
top level red obstruction light was not flashing but instead was steady
burning.
c.
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 the inspection,
one of the two steady-burning red side markers at the 2/3 level and both
steady-burning red side markers at the 1/3 level were extinguished.
d.
47 C.F.R.§17.47(a): “The owner of any antenna structure which is registered
with the Commission and has been assigned lighting specifications
referenced in this part: (a)(1) Shall make an observation of the antenna
structure’s lights at least once each 24 hours either visually or by observing
an automatic properly maintained indicator designed to register any failure of
such lights, to insure that all such lights are functioning properly as required;
or alternatively, (2) Shall provide and properly maintain an automatic alarm
system designed to detect any failure of such lights and to provide indication
of such failure to the owner.” At the time of the inspection, Rochester’s
representative told the agents that the lights on antenna structure number
1233216 were not visually monitored and that there was no automatic alarm
system.
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, Rochester 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 Rochester to support its response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer for Rochester with personal knowledge of the representations provided in Rochester’s response,
verifying the truth and accuracy of the information therein,5 and confirming that all of the information


3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s 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
2

Federal Communications Commission

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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6.
This Notice shall be sent to Rochester, City School District 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
David C. Dombrowski
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau





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).
3

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.