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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Vision Cristiana Subsidiary Corp. ) File No. EB-FIELDWR-12-00004405
Antenna Structure Registrant )
ASR Nos. 1004400, 1004401, 1004402, 1004403, ) NOV No. V2013329400002
1004404, 1004405 )
Roswell, New Mexico )
NOTICE OF VIOLATION
Released: November 2, 2012
By the District Director, San Diego 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 Radio Vision Cristiana
Subsidiary Corp. (Radio Vision), registrant of antenna structures
numbers 1004400, 1004401, 1004402, 1004403, 1004404, and 1004405, in
Roswell, New Mexico. 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 violations noted herein.
2. On September 20, 2012, an agent of the Enforcement Bureau's San Diego
Office inspected antenna structures numbers 1004400, 1004401,
1004402, 1004403, 1004404, and 1004405, located in Roswell, New
Mexico, 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." The agent
did not observe the antenna registration numbers posted near the base or
in the vicinity of antenna structure numbers 1004400, 1004402, 1004403 and
1004404.
b. 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 antenna structures are required to be painted and at
the time of the inspection, the agent observed that the paint was very
faded for antenna structures numbers 1004400, 1004401, 1004402, 1004403,
1004404, and 1004405.
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, Radio Vision 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
the Radio Vision to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Radio Vision with personal knowledge of the
representations provided in the Radio Vision 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
San Diego Office
4542 Ruffner St., #370
San Diego, CA 92111
6. This Notice shall be sent to Radio Vision Cristiana Subsidiary 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
James T. Lyon
District Director
San Diego 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
2
Federal Communications Commission