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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Smith Bagley, Inc. ) File No. EB-07-SD-322
Antenna Structure Registrant )
ASR # 1225066 )
Show Low, Arizona ) NOV No. V20083294003
)
NOTICE OF VIOLATION
October 17, 2007
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Smith Bagley, Inc., owner of antenna
structure # 1225066 near Holbrook, Arizona.
2. On September 19, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected antenna structure # 1225066 located near Holbrook,
Arizona, and observed the following violation:
a. 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." During the inspection, no
Antenna Registration Number was visible near the base of the tower.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Smith Bagley, Inc., must
submit a written statement concerning this matter within twenty (20) days
of release of this Notice. The response must fully explain each violation,
must contain a statement of the specific action(s) taken to correct each
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 Smith Bagley, Inc. 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, California 92111
4. This Notice shall be sent to Smith Bagley, Inc., at its address of
record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
District Director
San Diego Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
2
Federal Communications Commission