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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Qwest Corporation ) File No. EB-03-DV-
391
)
Owner of Antenna Structure 1003749 ) NOV No.
20033280003
Raton, New Mexico
5. NOTICE OF VIOLATION
Released: November
25, 2003
By the District Director, Denver Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Qwest Corporation
(``Qwest'').
On November 14, 2003, agents of the Commission's Denver
Office inspected the antenna structure located at geographic
coordinates N36-54-15, W104-26-44. The agents observed the
following violation:
47 C.F.R. § 17.4(g): "The Antenna Structure
Registration Number must be displayed in a
conspicuous place so that it is visible near the
base of the antenna structure. Materials used to
display the Antenna Structure Registration Number
must be weather resistant and of sufficient size to
be easily seen at the base of the antenna
structure." At the time of the inspection, the
tower registration number was not posted.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Qwest must submit a written statement concerning this matter
within 20 days of release of this Notice. The response must
fully explain the violation, must contain a statement of the
specific action(s) taken to correct the violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete in
itself and signed by a principal or officer of the licensee with
personal knowledge of the matter. 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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
This Notice shall be sent via Certified Mail No. 7001 0320
0002 9702 9318, Return Receipt Requested, to Qwest Corporation,
Attn: Belita Harpool, 700 W. Mineral Avenue, Room CO-G1.24,
Littleton, CO 80120.
The Privacy Act of 19743 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. Any false statement made knowingly and willfully in
reply to this Notice is punishable by fine or imprisonment under
Title 18 of the U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
Nikki P. Shears
Acting District Director
FCC Denver Office
JU/kk
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.