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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Alternative Phone Company dba ) File No. EB-12-TP-0010
Day Star Communications )
Owner of Antenna Structure ) NOV No.: V201232700003
Number 1221656 )
)
Port Charlotte, Florida )
)
NOTICE OF VIOLATION
Released: March 13, 2012
By the District Director, Tampa 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 Alternative Phone Company dba Day Star
Communications (Daystar Communications), owner of antenna structure
number 1221656 in Port Charlotte, Florida.
2. On February 2, 2012, agents of the Commission's Tampa Office inspected
antenna structure number 1221656 located in Port Charlotte, Florida,
and observed the following violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place 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 inspection, there was no Antenna Structure
Registration Number posted on the fence or nearby the base of antenna
structure number 1221656.
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 (FCC
Form 854-R) and/or the dismantlement (FCC Form 854). The owner must
also immediately notify the Commission using FCC Form 854 upon any
change in height or change in ownership information." Although
antenna structure number 1221656 was not transferred to another
entity, its owner changed its legal name, and, at the time of
inspection, the Antenna Structure Registration Database still listed
Day Star Communications' previous name.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Sections 1.16 and 1.89 of the Commission's rules, Day
Star Communications must submit a written statement concerning this
matter within twenty (20) calendar 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 also confirm that Alternative
Phone Company dba Daystar Communications is the entity's legal name.
The response must be complete in itself and signed by a principal or
officer of the entity. 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
Tampa Field Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607-5744
4. This Notice shall be sent to Day Star 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
Ralph M. Barlow
District Director
Tampa District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
47 C.F.R. S:S: 1.16, 1.89.
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