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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Florida ) File No.: EB-FIELDSCR-12-00003114 Registrant of Antenna
Structure Nos. 1058422 and ) NOV No.: V201232600007
1238242 )
)
Miles City, FL )
NOTICE OF VIOLATION
Released: July 11, 2012
By the Resident Agent, Miami 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 State of Florida, registrant of antenna
structure numbers 1058422 and 1238242 in Miles City, Florida.
2. On June 28, 2012, an agent of the Enforcement Bureau's Miami Office
inspected the site for the antenna structures located in Miles City,
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 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 inspection, the
Antenna Structure Registration Number was not readily visible at or
near the base of antenna structure number 1238242.
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 dismantlement (FCC Form 854). The owner must
also immediately notify the Commission using FCC Form 854 upon any
change in structure height or change in ownership information." The
Commission's Antenna Structure Registration database shows the
status of antenna structure number 1058422 as "constructed," but a
State of Florida representative stated to an agent that the
structure had been dismantled several years ago and replaced with
antenna structure number 1238242. At the time of inspection, there
was only one structure at the site.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, State of Florida 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
State of Florida. 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
Miami Office
P.O. Box 520617
Miami, FL 33152
4. This Notice shall be sent to by Certified Mail, Return Receipt
Requested, and First Class Mail to State of Florida 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
Steven DeSena
Resident Agent
Miami Office
South Central 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