The FCC issued an order and citation to Massey, Wood and West, Inc. and MWW Realty Corp. concerning several tower lighting violations. The case began on May 12, 2020 when a consumer complained about an unlit tower for antenna structure number 1020743 in Mechanicsville, VA. Finding that no Notice to Air Missions (NOTAM) had been issued for the tower, the FCC Operations Center asked the FAA that same day to issue a 30-day NOTAM for the structure. An agent from the FCC’s Enforcement Bureau’s Columbia, MD field office investigated and extended the NOTAM three times.
During a visual inspection on November 23, 2020, the agent saw the tower, which was above 200 feet AGL, was located at the ASR coordinates mentioned above. It was painted and had a lighting system installed. But on February 2, 2022, another agent from the field office saw that the lights were not lit after sunset.
Commission records indicate that this tower had been used at one time for licensed radio operations. Local property records indicate that Massey, Wood and West, Inc. and MWW Realty Corp. acquired the property and tower in June of 1996.
Even though a tower is no longer being used for the transmission of radio energy, the owner is required to maintain the painting and lighting specifications assigned to the tower until the structure is dismantled. The owner must observe the lighting at least once every 24 hours visually or use an automatic properly maintained indicator or alarm system to detect a lighting outage. The owner must notify the FAA of lighting outages and the FCC of any ownership changes.
The FCC said in its order the record in this case shows the tower was registered with the Commission by Brook Hill, as its manager. The record also demonstrates that MWW has not maintained the obstruction lighting and has not notified the Commission of the ownership change.
The Enforcement Bureau told MWW to provide a copy of the tower sale to Massey, Wood and West, Inc. and/or MWW Realty Corp., including the deed from 1996 conveying the property and the tower and a written statement describing the circumstances surrounding the tower acquisition. It must also provide the FCC with a copy of any such agreements post-1996 and describe the actions MWW has taken to prevent future tower lighting violations and a timeline for when MWW will complete any corrective actions.
Not completing all of these actions leaves MWW open to sanctions that may include fines. The base fine for failure to comply with prescribed lighting and/or marking is $10,000.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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