Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   InSite Towers )  File No. EB-FIELDSCR-12-00005337

   Owner of Antenna Structure No. 1047029 )

   )  NOV No. V201332500019

   Canadian, Texas )


                              NOTICE OF VIOLATION

   Released: November 21, 2012

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to InSite Towers, owner of antenna
       structure number 1047029 in Canadian, Texas.  Pursuant to Section
       1.89(a) of the 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(s)
       noted herein.

    2. On October 23, 2012, an agent of the Enforcement Bureau's Dallas
       Office  inspected antenna structure number 1047029 located at
       Canadian, Texas, and observed the following violation(s):

     a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." At the time of inspection, the paint on the antenna
        structure was faded, chipped and had several areas where the paint
        was rusted, reducing the tower visibility.

    3. Pursuant to Section  403  of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore,
       InSite Towers 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 Rules, we direct InSite Towers 
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of InSite Towers  with personal knowledge of the
       representations provided in InSite Towers  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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    6. This Notice shall be sent to InSite Towers 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.


   James D. Wells

   District Director

   Dallas District Office

   South Central 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 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