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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Subcarrier Communications, Inc. )  File No. EB-FIELDWR-12-00004501

   Antenna Structure Registrant )

   ASR # 1219052 )  NOV No. V201232800090

   Wendover, UT 84083 )


                              NOTICE OF VIOLATION

   Released: September 28, 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, to Subcarrier Communications, Inc.
       (Subcarrier), registrant of Antenna Structure # 1219052  by  Wendover,
       UT.  Pursuant to Section 1.89(a) of the Commission's Rules, issuance
       of this NOV does not preclude the Enforcement Bureau from further
       action if warranted, including issuing a Notice of Apparent Liability
       for Forfeiture for the violation noted herein.

    2. On September 11, 2012, an agent of the Enforcement Bureau's Denver
       District Office inspected  Antenna Structure # 1219052 located about
       13 miles east of Wendover, UT, and observed the following violation:

     a. 47 C.F.R. S: 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...'" Antenna Structure # 1219052 is required to be lit in
        accordance with FCC Paragraphs A1, H, 3, 11, 21, and 23. These
        require dual lights at the top of the antenna structure. During the
        inspection on September 11, 2012, the agent observed that the white
        light at the top of the antenna structure was not on and not

    3. Pursuant to Section  403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken.  Therefore, Subcarrier must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain each violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct each violation
       and preclude recurrence, and (iii) must include a time line for
       completion of any pending corrective action(s). The response must be
       complete in itself and must not be abbreviated by reference to other
       communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Subcarrier to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Subcarrier with personal knowledge of the
       representations provided in Subcarrier's response, verifying the truth
       and accuracy of the information therein, and confirming that all of
       the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

    6. This Notice shall be sent to Subcarrier Communications, Inc., at its
       address of record.

    7. The Privacy Act of 1974 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.


   Nikki P. Shears

   District Director

   Denver  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission



                       Federal Communications Commission