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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Kern ) File No. EB-08-LA-0114
)
Antenna Structure Registrant )
ASR # 1204371 )
) NOV No. V200832900003
Bakersfield, CA )
NOTICE OF VIOLATION
Released: May 7, 2008
By the District Director, Los Angeles 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 the County of Kern, California,
registrant of antenna structure # 1204371 in Bakersfield,
California.
2. On April 1, 2008, an agent of the Enforcement Bureau's Los Angeles
Office made an attempt to inspect antenna structure # 1204371 in
Bakersfield, California, and observed the following violation:
a. 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 (FCC
Form 854-R) and/or dismantlement (FCC Form 854)." At the time of the
inspection, no tower could be found at the location specified for
antenna structure # 1204371. In a telephone call with a County of
Kern employee on April 3, 2008, the agent was informed that the tower
had been dismantled a few months earlier. However, as of April 3,
2008, the Antenna Structure Registration database showed the tower's
status as "Constructed" instead of "Dismantled."
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, the County of Kern, must
submit a written statement concerning this matter within 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 an official of the County of
Kern. 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 Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to the County of Kern 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
Leo E. Cirbo
Acting Interim District Director
Los Angeles 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