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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No. [1]EB-FIELDNER-13-00006579

   )

   Grain Communications V, LLC )

   Registrant of Antenna Structure Numbers 1232361, )

   1220607 ) NOV No. V201332260002

   Sarasota, Florida )

                              NOTICE OF VIOLATION

   Released: March 13, 2013

   By the District Director, Boston 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 Grain Communications V, LLC,
       owner of antenna structure numbers 1232361 and 1220607 (Antenna
       Structures) in Norfolk, Massachusetts. 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 25, 2013, an agent of the Enforcement Bureau's Boston
       Office inspected the Antenna Structures located at 100 Pond Street in
       Norfolk, Massachusetts, 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." At the time of the inspection, the agent
   observed no antenna structure registration number displayed 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, Grain Communications V, LLC, 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 Grain
       Communications V, LLC   to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Grain Communications V, LLC  with personal
       knowledge of the representations provided in Grain Communications V,
       LLC 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

   Boston  Office

   1 Batterymarch Park Ste 102

   Quincy, MA, 02169

    6. This Notice shall be sent to Grain Communications V, LLC 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

   Dennis Loria

   District Director

   Boston 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 Commission's 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. https://ebats.fcc.gov/ebats/overview.action?complaint_key=EB-FIELDNER-12-00000856