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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No. EB-FIELDSCR-13-00007953


   InSite Towers LLC )

   Owner of Antenna Structure No. 1207475 ) NOV No. V201332480012


   Shelby, North Carolina )


                              NOTICE OF VIOLATION

   Released: April  15, 2013

   By the District Director, Atlanta Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to InSite Towers LLC, owner of
       antenna structure number 1207475 (Antenna Structure) in Shelby, North
       Carolina. 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 March 28, 2013, an agent of the Enforcement Bureau's Atlanta Office
       inspected the Antenna Structure located at 1511 W. Dixon Blvd. in
       Shelby, North Carolina, and observed the following violation:

   47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must be
   displayed in a conspicuous place so that it is readily visible near the
   base of the antenna structure." At the time of the inspection, the agent
   observed no antenna structure registration number displayed near the base
   of the Antenna Structure.

    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 violation and any remedial actions taken.
       Therefore, InSite Towers LLC, must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain the violation, including
       all relevant surrounding facts and circumstances, (ii) must contain a
       statement of the specific action(s) taken to correct the 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
       LLCto 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 LLC  with personal knowledge of
       the representations provided in InSite Towers LLC'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

   Atlanta  Office

   3575 Koger Blvd. Ste. 320

   Duluth, GA, 30096

    6. This Notice shall be sent to InSite Towers LLC 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.


   Douglas Miller

   District Director

   Atlanta 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