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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Oklahoma Department of Public Safety ) File No. EB-FIELDSCR-12-00005483
Owner of Antenna Structure No. 1239646 ) NOV No. V201332500030
)
Durant, OK 74701 )
NOTICE OF VIOLATION
Released: December 21, 2012
By the District Director, Dallas 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 Oklahoma Department of
Public Safety, owner of antenna structure number 1239646, in Durant,
OK. 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 15, 2012, an agent of the Commission's Dallas Office
inspected antenna structure number 1239646 located in Durant,
Oklahoma, and observed the following violation(s):
a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure to be registered on or after
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of "no
hazard," as referenced in the FAA Advisory Circulars..." The Antenna
Structure Registration for antenna structure number 1049165 requires
medium intensity dual lights in accordance with FAA Circular Number
70/7460-1K, Chapters 4, 8, and 12. During the daytime inspection on
August 30, 2012, the agents observed that the daytime white lights
were not lit.
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,
Oklahoma Department of Public Safety 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 Oklahoma
Department of Public Safety to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Oklahoma Department of Public Safety
with personal knowledge of the representations provided in Oklahoma
Department of Public Safety 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to Oklahoma Department of Public Safety 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 D. Wells
District Director
Dallas District Office
South Central Region
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