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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rolando Collantes ) File No. EB-FIELDWR-12-00003148
Antenna Structure Registrant )
ASR # 1015726 ) NOV No. V201332960002
Tulare, California )
)
NOTICE OF VIOLATION
Released: October 11, 2012
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Rolando Collantes, registrant of
antenna structure # 1015726 in Tulare, California. Pursuant to Section
1.89(a) of the Rules, issuance of this Notice 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 June 6, 2012, an agent of the Enforcement Bureau's San Francisco
Office attempted to inspect antenna structure # 1015726 located at the
SW Corner of Paige RD & CA RT 99, Tulare, California and observed the
following violation:
a. 47 C.F.R. S: 17.57: "The owner of an antenna structure of which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of dismantlement (FCC
Form 854). The owner must also immediately notify the Commission
using FCC Form 854 upon any change in ownership information." At the
time of inspection the agent observed that the tower had been
dismantled and that no FCC Form 854 was filed for the tower structure
1015726.
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, Rolando Collantes 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
Rolando Collantes to support his response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
Rolando Collantes, 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
San Francisco Office
5653 Stoneridge Dr., Suite 105
Pleasanton, CA 94588
6. This Notice shall be sent to Rolando Collantes, at his 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
David K. Hartshorn
District Director
San Francisco 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