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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Miramar ) File No. EB-FIELDSCR-12-00005114
) NOV No. V201332600003
Owner of Antenna Structure No. 1267783 )
)
Miramar, FL )
)
NOTICE OF VIOLATION
Released: November 8, 2012
By the Resident Agent, Miami 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, to the City of Miramar, owner of antenna
structure number 1267783 in Miramar, Florida. 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 31, 2012, an agent of the Enforcement Bureau's Miami Office
inspected antenna structure number 1267783, located at 6700 Miramar
Parkway, Miramar, FL 33023, and observed the following violation(s):
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. Material 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 Antenna Structure
Registration Number was not posted at or near the base of the antenna
structure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, the City of Miramar must
submit a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of 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 the City of
Miramar to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of the City of Miramar with personal knowledge of
the representations provided in the City'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
Miami Office
P.O. Box 520617
Miami, FL 33152
5. This Notice shall be sent to by Certified Mail, Return Receipt
Requested, and First Class Mail to the City of Miramar 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
Michael Mattern
Resident Agent
Miami 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