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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )



   State of Oklahoma ) File No.: EB-FIELDSCR-12-00005478

   Owner of Antenna Structure No. 1007484 ) NOV No. V201332500028


   Muskogee, Oklahoma )


                              NOTICE OF VIOLATION

   Released: December 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 State of Oklahoma, owner of
       antenna structure number 1007484, in Muskogee, Oklahoma. 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 November 13, 2012, agents of the Commission's Dallas Office
       inspected antenna structure number 1007484 located in Muskogee,
       Oklahoma, and observed the following violation(s):

     a. 47 C.F.R. S: 17.4(a): "[T]he owner of any proposed or existing
        antenna structure that requires notice of proposed construction to
        the Federal Aviation Administration must register the structure with
        the Commission." Owners must provide accurate information to the
        Commission. The location of the structure in the Antenna Structure
        Registration database was 35-45-00.0 N, 095-18-01.0 W. However, the
        agents found the actual location of the structure to be 35-44-57 N,
        095-18-36 W.

     b. 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." The agents observed that the paint was faded and
        chipped at the time of the inspection.

    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,
       State of Oklahoma 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 State of
       Oklahoma to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of State of Oklahoma with personal knowledge of the
       representations provided in State of Oklahoma'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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas, 75243

    6. This Notice shall be sent to State of Oklahoma at its address of

    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

   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