**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

ACS Wíreless, Inc. ) File No. EB-08-AN-0047

Antenna Structure Registrant )

ASR \# 1244328 ) NOV No. V200832780021

North Pole, Alaska )

NOTICE OF VIOLATION

Released: June 9, 2008

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,[^1] to ACS Wireless, Inc.,
    registrant of antenna structure #1244328 in Fairbanks, Alaska.

2.  On May 15, 2008, at approximately 2:45 p.m., agents of the
    Enforcement Bureau's Anchorage Resident Agent Office inspected
    antenna structure #1244328 located off Chena Hot Springs Road, in
    Fairbanks, Alaska, 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." At the time of the
        inspection, the agents did not locate an Antenna Structure
        Registration number posted at or in the vicinity of the antenna
        structure's base.

    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," as referenced in
        the following FAA Advisory Circulars: AC 70/7460-1J,
        "Obstruction Marking and Lighting," effective January 1, 1996,
        and AC 150/5345-43E, "Specification for Obstruction Lighting
        Equipment," dated October 19, 1995. For purposes of this part,
        the specifications, standards, and general requirements stated
        in these documents are mandatory." The ASR for antenna structure
        #1244328 requires lighting specifications in accordance with
        Chapter 5, FAA Circular Number 70/7460-1K, which requires a red
        obstruction light system. The number of light levels is
        determined by the height of the structure, including all
        appurtenances. The number of lights on each level is determined
        by the shape and height of the structure. These lights should be
        mounted so as to ensure an unobstructed view of at least one
        light by a pilot. Mid-level red obstruction lighting is required
        for structures between 46 m to 107 m. Antenna structure #1244328
        is 54.9 meters in height and at the time of inspection, the
        agents did not observe red obstruction lights mounted at the
        mid-level of the antenna structure.

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, ACS
    Wireless, Inc. 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 ACS Wireless. 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
>
> Anchorage Resident Agent Office
>
> P.O. Box 221849
>
> Anchorage, Alaska 99522-1849

4.  This Notice shall be sent to by Certified Mail/Return Receipt
    Requested and regular mail to ACS Wireless, Inc. 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

Marlene Windel

Resident Agent

Anchorage Resident Agent Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^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.*