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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Massachusetts Bay Transportation Authority ) File No.
EB-FIELDNER-13-0000-6506 )
Registrant of ASR # 1209665 )
Medford, Massachusetts )
) NOV No. V201332260004
)
)
NOTICE OF VIOLATION
Released: March 7, 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 Massachusetts Bay Transportation
Authority (MBTA), owner of antenna structure number 1209665 (Antenna
Structure) in Medford, 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 violations noted herein.^
2. On February 15, 2013, an agent of the Enforcement Bureau's Boston
Office inspected the Antenna Structure located at MBTA Wellington Yard
off Revere Beach Parkway in Medford, Massachusetts, and observed the
following violations:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." At the
time of inspection, the agent observed that the top level light on
the Antenna Structure was extinguished.
b. 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 inspection,
there was no antenna structure registration number visible 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, MBTA 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 MBTA to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
MBTA with personal knowledge of the representations provided in MBTA
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 MBTA 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
3
Federal Communications Commission