Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Intermountain Rural Electric Association ) File No. EB-FIELDWR-12-00003089 Antenna Structure Registrant ) ASR # 1212061 ) NOV No. V201232800038 Parker, CO ) ) NOTICE OF VIOLATION Released: July 11, 2012 By the District Director, Denver District Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s Rules, 1 to Intermountain Rural Electric Association (IREA), registrant of antenna structure # 1212061 in Parker, CO. 2. On June, 29, 2012, an agent of the Enforcement Bureau’s Denver District Office inspected antenna structure # 1212061 located 1/4 mile north of CR#186 on CR#21 and observed the following violations: a. 47 C.F.R. § 17.4(g): “Except as described in paragraph (h) of this section, 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.” The agent observed that the Antenna Structure Registration Number was not displayed at the time of the inspection on June 29, 2012. b. 47 C.F.R. § 17.50: “Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility.” The agent observed that the paint was faded and chipped at the time of the inspection on June 29, 2012. c. 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 1 47 C.F.R. § 1.89. Federal Communications Commission 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.” During the inspection, the agent observed that construction of antenna structure # 1212061 had been completed, however, the FCC’s antenna structure registration database showed the structure’s status as “granted.” 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission’s Rules, IREA 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 IREA. 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 Denver District Office 215 S. Wadsworth Blvd., Suite 303 Lakewood, CO 80226 4. This Notice shall be sent to Intermountain Rural Electric Association 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 Nikki P. Shears District Director Denver District Office Western Region Enforcement Bureau 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