******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Daytona State College ) File No. EB-FIELDSCR-13-00006281

   Owner of Antenna Structure No. 1030556 ) NOV No. V201332700004  [1][Author
   ID1: at Thu Jan 24 15:42:00 2013 ]

   )

   DeBary, Florida )

                              NOTICE OF VIOLATION

   Released: February 8, 2013

   By the District Director, Tampa 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 Daytona State College, owner of
       antenna structure number 1030556, in DeBary, 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 16, 2013, agents of the Commission's Tampa Office inspected
       antenna structure number 1030556, located in DeBary, Florida and
       observed the following violation(s):

     a. 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." The Antenna Structure Registration Number was not posted.

     b. 47 C.F.R.S17.47(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a)(1) Shall make an
        observation of the antenna structure's lights at least once each 24
        hours either visually or by observing an automatic properly
        maintained indicator designed to register any failure of such lights,
        to insure that all such lights are functioning properly as required;
        or alternatively, (2) Shall provide and properly maintain an
        automatic alarm system designed to detect any failure of such lights
        and to provide indication of such failure to the owner." At the time
        of the inspection, Daytona State College's representative told the
        agents that the lights on antenna structure number 1030556 were not
        visually monitored and that there was no automatic alarm system.

   [2][Author ID1: at Thu Jan 24 15:56:00 2013 ]

     c. 47 C.F.R. S 17.57: "The owner must also immediately notify the
        Commission using FCC Form 854 upon any change in structure height or
        change in ownership information." Although Daytona Beach Community
        College changed its name to Daytona State College, the Commission's
        Antenna Structure Registration database listed Daytona Beach
        Community College as antenna structure number 1030556's current
        owner. Moreover, the contact name and number in the database was
        outdated.[3][Author ID1: at Thu Jan 24 15:56:00 2013 ]

   [Author ID1: at Thu Jan 24 15:56:00 2013 ]

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

   Tampa Office

   4010 W. Boy Scout Blvd., Suite 425

   Tampa, Florida, 33607

    6. This Notice shall be sent Daytona State College  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

   Ralph M. Barlow

   District Director

   Tampa 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 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

References

   Visible links
   1. file:///tmp/wv-WdZj5A#author1
   2. file:///tmp/wv-WdZj5A#author1
   3. file:///tmp/wv-WdZj5A#author1