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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Four Rivers Community Broadcasting Corporation ) File No.
EB-FIELDNER-13-00006613
Antenna Structure Registrant )
ASR # 1035765 ) NOV No. V201332400016
Pottstown, Pennsylvania )
)
NOTICE OF VIOLATION
Released: February 27, 2013
By the District Director, Philadelphia 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 Four Rivers Community
Broadcasting Corporation (Four Rivers), the registrant of antenna
structure number 1035765 in Pottstown, Pennsylvania. 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 February 7, 2013, an agent of the Enforcement Bureau's Philadelphia
Office inspected antenna structure number 1035765 located at 224
Maugers Mill Road, Pottstown, Pennsylvania 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." The Antenna
Structure Registration Number was not posted on or near the base of the
antenna structure.
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, Four Rivers 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 Four Rivers to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Four Rivers with personal knowledge of the representations provided in
Four River'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Four Rivers Community Broadcasting
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
David C. Dombrowski
District Director
Philadelphia District 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).
Federal Communications Commission
2
Federal Communications Commission