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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Michael Daigle ) File No. EB-FIELDSCR-13-00008098

   Owner of Antenna Structure Located at )

   29'0 48' 23.2" N, 090'0 49 '10.2" W ) NOV No. V201332620012


   Thibodaux, Louisiana )

                              NOTICE OF VIOLATION

   Released: April 24, 2013

   By the Deputy Regional Director, New Orleans 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 Michael Daigle, owner of an
       antenna structure in Thibodaux, Louisiana. 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 noted herein.^

    2. On April 17, 2013, an agent of the Commission's New Orleans Office
       inspected the antenna structure located at 29'0 48' 23.2" N, 090'0 49
       '10.2" W in Thibodaux, Louisiana, 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." On April 17, 2013, the structure was not
        registered in the Commission's Antenna Structure Registration

    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, Mr. Daigle 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 Michael Daigle
       to support his 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 his 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

   New Orleans Office

   Room 460

   2424 Edenborn Avenue

   Metairie, Louisiana 70001

    6. This Notice shall be sent to Michael Daigle at his address of record.

    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.


   Loyd Perry

   Deputy Regional Director

   New Orleans 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