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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Chesapeake College ) File No. EB-FIELDNER-12-00005009

   Licensee of Antenna Structure  )

   ASR #1060048 ) NOV No.: V201332340006

   Wye Mills, MD  )


                              NOTICE OF VIOLATION

   Released: April 22, 2013

   By the District Director, Columbia  Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Chesapeake College, licensee  of
       antenna structure number 1060048 in Wye Mills, Maryland. 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 26, 2013, an agent of the Enforcement Bureau's Columbia
       Office inspected antenna structure number 1060048  located on Wye
       Mills Road, on the campus of Chesapeake College, in Wye Mills,
       Maryland, and observed the following violation:

   47 C.F.R. S 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." At the time of inspection, Allfirst Bank
   was incorrectly listed in the FCC's ASR database as the owner of antenna
   structure number 1060048. Although a representative from Chesapeake
   College confirmed that ownership of antenna structure 1060048 had been
   transferred from Allfirst Bank to Chesapeake College, the FCC was not
   notified of the ownership change.

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

   Columbia Office

   9200 Farm House Lane

   Columbia, Maryland 21046

    6. This Notice shall be sent to Chesapeake College 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.


   Salomon Satche

   District Director

   Columbia District Office

   Northeast  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