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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Crossroad Communications, Inc. ) File No. EB-FIELDSCR-12-00002719
Owner of Antenna Structure # 1038670 )
) NOV No. V20133250002
Greenville, Texas )
NOTICE OF VIOLATION
Released: October 12, 2012
By the District Director, Dallas 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 (Rules), to Crossroad Communications, Inc,
owner of antenna structure number 1038670 in Greenville, Texas.
Pursuant to Section 1.89(a) of the 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(s) noted herein.
2. On March 16, 2012, an agent of the Enforcement Bureau's Dallas Office
inspected Antenna Structure 1038670 located in Greenville, Texas, and
observed the following violation:
a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure to be registered on or after
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of "no
hazard," as referenced in the FAA Advisory Circulars..." The FCC
Antenna Structure Registration (ASR) for Antenna Structure # 1038670
requires that it be painted and lit in accordance with Chapters 3, 4,
5, and 13 of FAA Circular Number 70/7460-1J. Chapter 3 requires that
the tower and the coaxial cables be painted. At the time of the
inspection the coaxial cables were not painted.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Crossroad Communications, Inc. 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 Rules, we direct Crossroad
Communications, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Crossroad Communications, Inc. with personal
knowledge of the representations provided in Crossroad Communications,
Inc. 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to Crossroad Communications, Inc. 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
James D. Wells
District Director
Dallas District Office
South Central 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
2
Federal Communications Commission