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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Washington Suburban Sanitary Commission ) File No. EB-FIELDNER-12-00005466
Owner of Antenna Structure No. 1214416 )
Silver Spring, MD ) NOV No. V201332340002
)
NOTICE OF VIOLATION
Released: December 5, 2012
By the District Director, Columbia Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to the Washington Suburban Sanitary
Commission, owner of antenna structure number 1214416 in Silver
Spring, Maryland. 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 noted herein.
2. On November 27, 2012, an agent of the Enforcement Bureau's Columbia
Office inspected antenna structure number 1214416, located at 2201
Industrial Parkway, Silver Spring, Maryland, and observed the
following violation:
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
displayed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, the Washington Suburban Sanitary
Commission 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 Washington
Suburban Sanitary Commission 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 Washington Suburban Sanitary
Commission with personal knowledge of the representations provided in
the Washington Suburban Sanitary Commission'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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
5. This Notice shall be sent to by Certified Mail, Return Receipt
Requested, and First Class Mail to the Washington Suburban Sanitary
Commission 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
Salomon Satche
District Director
Columbia Office
Northeast 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
2
Federal Communications Commission