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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Oklahoma Department of )
Transportation Communications ) File No. EB-FIELDSCR-12-00004452
Owner of Antenna Structure No. 1057884 )
) NOV No. V20133250008
Slapout, Oklahoma )
NOTICE OF VIOLATION
Released: November 2, 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 Oklahoma Department of
Transportation Communications, owner of antenna structure number
1057884 in Slapout, Oklahoma. 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 September 17, 2012, an agent of the Commission's Dallas Office
inspected antenna structure number 1057884 located in Slapout,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." The agent observed that the paint was faded and
chipped at the time of the inspection.
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
Oklahoma Department of Transportation Communications 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 Oklahoma
Department of Transportation Communications to support its response to
this Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Oklahoma Department of
Transportation Communications with personal knowledge of the
representations provided in Oklahoma Department of Transportation
Communications' 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 Oklahoma Department of Transportation
Communications 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
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 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