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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   ACS Wireless )  File No. EB-FIELDWR-12-00002756

   Antenna Structure Registrant )

   ASR #1237097 ) NOV No. V201332780013

   Soldotna, Alaska )


                              NOTICE OF VIOLATION

                                                     Released: March 12, 2013

   By the Resident Agent, Anchorage Resident Agent  Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to  ACS Wireless (ACS), registrant
       of antenna structure #1237097  in Soldotna, Alaska.  Pursuant to
       Section 1.89(a) of the Rules, issuance of this Notice 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 April 24, 2012, agents of the Enforcement Bureau's Anchorage
       Resident Agent Office attempted to inspect antenna structure #1237097
       located  in Section 9, Kenai Peninsula Borough, Alaska.   On August
       21, 2012, the Anchorage Resident Agent Office issued a Letter of
       Inquiry (LOI) to ACS, addressing an issue involving the location and
       construction of this antenna structure.

    3.  On September 6, 2012, the Anchorage Resident Agent Office received a
       reply to the LOI from ACS addressing the antenna structure's location
       and construction. ACS states that antenna structure #1237097 was never
       constructed and that the Antenna Structure Registration (ASR) had not
       been cancelled. A review of the Commission's ASR database revealed the
       following violation:

   47 C.F.R. S  Section 17.57: "The owner of an antenna structure for which
   an Antenna Structure Registration Number has been obtained must notify the
   Commission within 24 hours of completion of construction (FCC Form 854-R)
   and/or dismantlement (FCC Form 854). The owner must also immediately
   notify the Commission using FCC Form 854 upon any change in structure
   height or change in ownership information." As of the date of the Notice,
   the ASR for antenna structure #1237097 states that it is constructed,
   however, the Anchorage agents found no evidence that the structure had
   been constructed and ACS has failed to cancel the ASR or provide a notice
   of dismantlement.

    4. 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, ACS 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.^

    5. In accordance with Section 1.16 of the Rules, we direct ACS to support
       its response to this Notice with an affidavit or declaration under
       penalty of perjury, signed and dated by an authorized officer of ACS
       with personal knowledge of the representations provided in ACS'
       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.^

    6. 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

   Anchorage Resident Agent Office

   P.O. Box 231949

   Anchorage, Alaska 99523-1949

    7. This Notice shall be sent to ACS Wireless at its address of record.

    8. 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.


   Marlene Windel

   Resident Agent

   Anchorage Resident Agent  Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ 47 U.S.C. S403.

   ^ 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