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 )


   Newfield Exploration ) File No. EB-FIELDSCR-12-00005482

   Owner of Antenna Structure )

   34'0 52' 28.46" N, 095'0 48 `11.6" W ) NOV No. V201332500029


   McAlester, 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 Newfield Exploration, owner of an
       antenna structure in McAlester, 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 11, 2012, agents of the Commission's Dallas Office
       inspected the antenna structure located at 34'0 52' 28.46" N, 095'0 48
       ` 11.6" W in McAlister, Oklahoma, and observed the following

     a. 47 C.F.R. S: 17.4(a): "Effective July 1, 1996, the 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. This includes those
        structures used as part of stations licensed by the Commission for
        the transmission of radio energy, or to be used as part of a cable
        television head end system. If a Federal Government antenna structure
        is to be used by a Commission licensee, the structure must be
        registered with the Commission." The agents checked the Antenna
        Structure Database and found that the structure was not registered.

    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,
       Newfield Exploration 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 Newfield
       Exploration to support its response to this Notice with a signed and
       dated affidavit or declaration under penalty of perjury, verifying the
       truth and accuracy of the information therein, and confirming that all
       of the information requested by this Notice which is in its
       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 Newfield Exploration 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