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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Florida ) File No.: EB-FIELDSCR-13-00006069

   Owner of Antenna Structure Number 1049425 )

   ) NOV No.: V201332600005

   Hialeah, Florida )


                              NOTICE OF VIOLATION

   Released: January 24, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to State of Florida, owner of
       antenna structure number 1049425 in Hialeah, 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 January 11, 2013, an agent of the Enforcement Bureau's Miami Office
       inspected antenna structure number 1049425 located in Hialeah, Florida
       and observed the following violation:

   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 Federal Aviation Administration's (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 FCC's Antenna Structure Registration (ASR) database
   currently indicates that the antenna structure requires aviation orange
   and white paint and red obstruction lighting in accordance with FAA
   Circular Number 70/7460-1J, Chapters 3, 4, 5, and 13. The antenna
   structure does not conform to these recommendations. The agent observed
   that the tower is not painted and a flashing white strobe is located at
   the top of the structure. Therefore, it is in violation of 47 C.F.R. S:
   17.23. In order to come into compliance with the Commission's rules, State
   of Florida must do one of the following: (1) obtain a new FAA "no hazard"
   determination indicating that the current lighting system is permitted and
   then submit a modified antenna structure registration to reflect the new
   "no hazard" determination, (2) submit a modified registration if a new FAA
   "no hazard" determination already has been obtained, or (3) come into
   compliance with the current requirements.

    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,
       State of Florida 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 State of
       Florida to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of State of Florida with personal knowledge of the
       representations provided in State of Florida'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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152

    6. This Notice shall be sent to by Certified Mail, Return Receipt
       Requested, and First Class Mail to State of Florida at its address of

    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. 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.


   Steven DeSena

   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


                       Federal Communications Commission