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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rick Derr dba Action Communications ) File No. EB-11-KC-0135
Antenna Structure Owner )
ASR # 1023420 ) NOV No. V201232560002
Scottsbluff, NE )
)
)
NOTICE OF VIOLATION
Released: December 2, 2011
By the District Director, Kansas City Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Rick Derr dba Action Communications,
owner of antenna structure # 1023420 in Scottsbluff, NE.
2. On November 17, 2011, an agent of the Commission's Kansas City Office
inspected antenna structure # 1023420 located near the intersection
of Leisure Lane and County Road 22 in Scottsbluff, NE and observed
the following violation(s):
a. 47 C.F.R. S: 17.4: "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. 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, there was no ASR number
posted at the base of the structure. In addition, signage was not
visible from the nearest access gate located approximately 0.12
miles away.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Rick Derr dba
Action Communications, 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 the tower owner. 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
Kansas City Office
520 NE Colbern Road
2nd Floor
Lee's Summit, MO 64086
4. This Notice shall be sent to Rick Derr dba Action Communications 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
Ronald D. Ramage
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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