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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Eric Millhouse ) File No. EB-08-DV-0129
Registrant of Antenna Structure )
ASR # 1203603 ) NOV No. V200832800011
Saratoga, Wyoming )
NOTICE OF VIOLATION
Released: April 29, 2008
By the District Director, Denver 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 Eric Millhouse, registrant of
antenna structure #1203603 in Saratoga, Wyoming.
2. On April 9, 2008, the Enforcement Bureau's Denver Office inspected
antenna structure #1203603, located in Saratoga, Wyoming, and observed
the following violations:
a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain good
visibility." At the time of the inspection, the agents observed that the
paint on antenna structure #1203603 was faded and the unpainted cables
fastened to the outside of the antenna structure partially hid the paint
on the tower.
b. 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 and/or
dismantlement." At the time of the inspection, the FCC license
registration record showed that the status for this tower was "Granted"
instead of "Constructed."
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Eric Millhouse 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 Eric Millhouse. 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
4. This Notice shall be sent by certified mail, return receipt requested,
to Eric Millhouse at his 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
Nikki P. Shears
District Director
Denver District 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.
Federal Communications Commission
2
Federal Communications Commission