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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Grain Communications V, LLC File Number:
) EB-FIELDSCR-12-00005156
Owner of Antenna Structure No.
1002923 ) NOV Number: V201332560002
Wichita, Kansas )
)
)
NOTICE OF VIOLATION
Released: November 6, 2012
By the District Director, Kansas City 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 Grain Communications V, LLC,
owner of antenna structure number 1002923 in Wichita, Kansas.
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 October 22, 2012, an agent of the Commission's Kansas City Office
inspected antenna structure number 1002923 located at 1632 S. Maize
Rd., Wichita, Kansas, and observed the following violation(s):
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
a. 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." At the time of inspection, the
ASR number was not observed at the antenna site.
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,
Grain Communications V, LLC 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 Grain
Communications V, LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Grain Communications V, LLC with personal
knowledge of the representations provided in Grain Communications V,
LLC's 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.
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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
5. This Notice shall be sent to Grain Communications V, LLC at its
address of record.
6. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
District Director
Kansas City 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 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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission