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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
United States Cellular Corporation ) File No. EB-FIELDSCR-13-00006050
Owner of Antenna Structure No. 1207351 )
Jefferson City, MO ) NOV No. V201332560011
)
NOTICE OF VIOLATION
Released: January 17, 2013
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 United States Cellular
Corporation, owner of antenna structure number 1207351 in Jefferson
City, Missouri. 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 December 19, 2012, an agent of the Enforcement Bureau's Kansas City
Office inspected antenna structure number 1207351 located near US 50
Highway and E McCarty Street in Jefferson City, MO, and observed the
following violation(s):
a. 47 C.F.R. S: 17.4(a): "...the owner of any proposed or existing
antenna structure that requires notice of proposed construction to
the Federal Aviation Administration must register the structure with
the Commission. All information provided to the Commission must be
accurate. At the time of inspection, the reported coordinates in the
Commission's database differed from the actual coordinates of the
structure by .08 miles
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,
United States Cellular Corporation 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 United States
Cellular Corporation to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of United States Cellular Corporation with
personal knowledge of the representations provided in United States
Cellular Corporation 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
Kansas City Office
520 NE Colbern Road, 2nd Floor
Lee's Summit, MO 64086
6. This Notice shall be sent to United States Cellular Corporation 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
Ronald D Ramage
District Director
Kansas City District 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).
Federal Communications Commission
3
Federal Communications Commission