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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Alaska ) File No. EB-FIELDWR-13-00006321
Antenna Structure Registrant )
ASR #1003110 ) NOV No. V201332780012
Anchorage, Alaska )
)
NOTICE OF VIOLATION
Released: March 7, 2013
By the Resident Agent, Anchorage Resident Agent Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules),^ to the State of Alaska (State),
registrant of antenna structure # 1003110 in Anchorage, Alaska.
Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 January 15, 2013, at 2:00 p.m., agents of the Enforcement Bureau's
Anchorage Resident Agent Office inspected antenna structure #1003100
located at the National Guard Armory, Fort Richardson, Alaska, and
observed the following violation:
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. Materials 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." At the time
of the inspection, the agents did not observe the antenna registration
number posted near the base or in the vicinity 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, the
State, 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 the State to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
the State with personal knowledge of the representations provided in
the State'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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6. This Notice shall be sent to the State of Alaska 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
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S403.
^ 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