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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Gadsden County Sheriffs Department ) File No. EB-FIELDSCR-13-00006942

   Owner of Antenna Structure No. 1049471 ) NOV No. V201332700007  [1][Author
   ID1: at Thu Jan 24 15:42:00 2013 ]

   )

   Midway, Florida )

                              NOTICE OF VIOLATION

   Released: March  12, 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 Gadsden County Sheriffs
       Department, owner of antenna structure number 1049471, in Midway,
       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 February 12, 2013, agents of the Commission's Tampa Office
       inspected antenna structure number 1049471, located in Midway,
       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." Agents from the Tampa Office verbally notified Gadsden
        County Sheriffs Department that it must post the Antenna Structure
        Registration number near the base of the structure on January 10,
        2011. On February 12, 2013, the Antenna Structure Registration Number
        was still not posted near the base of the structure.

   [2][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 Gadsden County Sheriffs Department 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 Gadsden County
       Sheriffs Department to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Gadsden County Sheriffs Department, with
       personal knowledge of the representations provided in Gadsden County
       Sheriffs Department'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 Gadsden County Sheriffs Department  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

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