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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Industrial Tower and Wireless, LLC ) File No. EB-09-DV-0098
Antenna Structure Registrant )
ASR No. 1261520 )
Kit Carson, Colorado ) NOV No. V201032800001
NOTICE OF VIOLATION
Released: November 18, 2009
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 Industrial Tower and Wireless, LLC
("Industrial"), registrant of antenna structure # 1261520 in Kit
Carson, Colorado.
2. On November 5, 2009, at approximately 11:35 a.m., MST, an agent of the
Enforcement Bureau's Denver District Office inspected antenna
structure # 1261520, located in Kit Carson, Colorado, 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." At the time of the
inspection, no Antenna Structure Registration Number was displayed at
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, Industrial 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 a principal or officer of Industrial.
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, Colorado 80226
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Industrial Tower and Wireless, LLC, 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
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