Pillsbury Winthrop Shaw Pittman

FCC Enforcement Monitor — September 2013

By Scott R Flick and Paul A Cicelski

The FCC issued a notice of apparent liability for forfeiture (NAL) in the amount of $20,000 (£12,300) to an Alaskan telecommunications company for tower lighting violations.

The height of the antenna structure placed it within the jurisdiction of both the FAA and the FCC. FAA rules required the structure to have dual lighting: red lights at night and medium intensity flashing white lights during the daytime and at twilight.

The company’s troubles began when an agent from the FCC’s Anchorage Enforcement Bureau office observed that the tower was unlit during the daytime. The FCC agent contacted the FAA, which confirmed that no notice to airmen (NOTAM) had been issued for the lighting outage. Tower operators are required to notify the FAA immediately of any lighting outage lasting more than 30 minutes. The FCC agent also alerted the tower owner of the situation. According to the FCC, the owner did not appear to have a functioning monitoring system for the tower lighting…

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