FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,144
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Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Andrews Tower Rental, Inc. ) File No.: EB-10-DL-0056
Owner of Antenna Structure ) NAL/Acct. No: 201132500001
ASR#: 1058250 )
Oplin. Texas ) FRN: 0006139463
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: April 7, 2011 Released: April 7, 2011
By the District Director, Dallas Office, South Central Region, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Andrews Tower
Rental, Inc. ("Andrews Tower"), owner of antenna structure number 1058250, in Oplin, Texas, apparently
willfully and repeatedly violated section 303(q) of the Communications Act of 1934, as amended ("Act"),1
and section 17.51(a) of the Commission's rules ("Rules")' by failing to exhibit all red obstruction lighting
from sunset to sunrise. We conclude that Andrews Tower is apparently liable for a forfeiture in the amount
of ten thousand dollars ($10,000).
2. Antenna structure number 1058250 ("Tower"), which is owned by Andrews Tower,3 is
134.1 meters above ground in height and is required to be painted and lit.4
3. On July 8, 2010, in response to a complaint of a tower light outage in Oplin, Texas, an
agent from the Enforcement Bureau's Dallas Office ("Dallas Office") contacted the Federal Aviation
Administration ("FAA") and learned that no one had contacted the FAA about a light outage on the Tower.s
and that a Notice to Airmen ("NOTAM") had not been issued for the Tower.6 On July 8, 2010, an agent left
a voice message at the contact number for Andrews Tower listed in the ASR database about the Tower light
'47 U.S.C. 303(q).
2 47 C.F.RI 17.51(a).
3 Andrews Tower is listed as the owner of the structure in the Antenna Structure Registration ("ASR") database. See
also Letter from Karen McMillan, owner of Andrews Tower Rental, Inc., to Jim Wells, District Director, Dallas
Office, dated October 15, 2010. Ms. McMillan admitted that Andrews Tower Rental Inc. appeared to still own the
SSee Antenna Structure Registration Database. Registration Number 1058250.
SSee 47 C.F.R. 17.48 (requiring owners of registered antenna structures that have been assigned lighting
specifications to report immediately to the FAA any observed or otherwise known extinguishment of any flashing
obstruction light not corrected within 30 minutes).
Sl'he FAA issued a NOTAM on July 8, 2010, at the agent's request.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/316/: accessed November 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.