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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Joines Towers ) File No. EB-FIELDSCR-12-00005165
Owner of Antenna Structure No. 1202268 ) NOV No. V201332540002
)
El Campo, Texas )
)
)
)
NOTICE OF VIOLATION
Released: November 13, 2012
By the Resident Agent, Houston 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 Joines Towers, owner of antenna
structure number 1202268 located in El Campo, Texas. 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 November 2, 2012, an agent of the Enforcement Bureau's Houston
Office inspected antenna structure number 1202268 located in El Campo,
Texas, and observed the following violation:
a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
section, the Antenna Structure Registration Number must 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." At the time of inspection, a display of the Antenna
Structure Registration Number for this structure was not observed
anywhere near the base of the structure.
3. Pursuant to Section 308(b) 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,
Joines Towers 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 Joines Towers
to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Joines Towers with personal knowledge of the
representations provided in Joines Towers'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.
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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to Joines Towers 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
Stephen P. Lee
Resident Agent
Houston 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: 308(b).
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
3
Federal Communications Commission