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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
GCI Communications Corp ) File No. EB-FIELDWR-12-00004347
Antenna Structure Registrant )
ASR #1264139 ) NOV No. V201232780022
Fairbanks, Alaska )
)
NOTICE OF VIOLATION
Released: September 28, 2012
By the Resident Agent, Anchorage Resident Agent 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 GCI Communications Corp., registrant of
antenna structure # 1264139 in Fairbanks, Alaska. Pursuant to Section
1.89(a) of the Commission's Rules, issuance of this NOV does not
preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation noted herein.
2. On September 12, 2012, an agent of the Enforcement Bureau's Anchorage
Resident Agent Office inspected antenna structure #1264139 located off
the Old Richardson Highway, Fairbanks, Alaska, and observed the
following violation:
a. 47 C.F.R. S: Section 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
agent observed that the antenna structure construction was completed
but the FCC Antenna Structure Registration database lists the status
as "granted."
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, GCI Communications Corp., must submit a
written statement concerning this matter within twenty (20) days of
release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances,
(ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include
a time line for completion of any pending corrective action(s). The
response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
GCI Communications Corp. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of GCI Communications Corp. with personal
knowledge of the representations provided in GCI Communications Corp.
response, verifying the truth and accuracy of the information therein,
and confirming that all of the information requested by this Notice
which is in the licensee's possession, custody, control, or knowledge
has been produced. To knowingly and willfully make any false statement
or conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6. This Notice shall be sent to GCI Communications Corp. at its address
of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S:403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission