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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Pacific Bell Telephone Company ) File No.: EB-FIELDWR-13-00008160

   Antenna Structure Owner )

   San Pedro, California ) NOV No.: V201332900020




                              NOTICE OF VIOLATION

   Released: May 9, 2013

   By the District Director, Los Angeles Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Pacific Bell Telephone Company,
       owner of an antenna structure in San Pedro, California. 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(s) noted herein.^

    2. April 2, 2013, an agent of the Enforcement Bureau's Los Angeles Office
       inspected the antenna structure located at approximately 33'0 44' 23"
       North Latitude, 118'0 17' 11" West Longitude, 425 West 5th Street, San
       Pedro, California, and observed the following violations:

     a. 47 C.F.R. S 17.7: "A notification to the Federal Aviation
        Administration is required, except as set forth in S 17.14, for any
        of the following construction or alteration: (a) Any construction or
        alteration of more than 60.96 meters (200 feet) height above ground
        level at its site." On April 2, 2013, the Los Angeles agent measured
        the referenced antenna structure at approximately 210 feet in height
        above ground level and determined that no notification to the Federal
        Aviation Administration indicating that height had been made.

     b. 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." On April 2, 2013, the
        Los Angeles agent measured the height of the referenced antenna
        structure at approximately 210 feet in height above ground level,
        determined that the structure required notification to the Federal
        Aviation Administration, and determined that it had not been
        registered with the FCC.

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

   Los Angeles District Office

   18000 Studebaker Road., #660

   Cerritos, California 90703

    6. This Notice shall be sent to Pacific Bell Telephone Company at its
       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.


   Charles A. Cooper

   District Director

   Los Angeles District Office

   Western 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