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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ACS Wireless ) File No. EB-FIELDWR-12-00002756
Antenna Structure Registrant )
ASR #1237097 ) NOV No. V201332780013
Soldotna, Alaska )
)
NOTICE OF VIOLATION
Released: March 12, 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 ACS Wireless (ACS), registrant
of antenna structure #1237097 in Soldotna, 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 April 24, 2012, agents of the Enforcement Bureau's Anchorage
Resident Agent Office attempted to inspect antenna structure #1237097
located in Section 9, Kenai Peninsula Borough, Alaska. On August
21, 2012, the Anchorage Resident Agent Office issued a Letter of
Inquiry (LOI) to ACS, addressing an issue involving the location and
construction of this antenna structure.
3. On September 6, 2012, the Anchorage Resident Agent Office received a
reply to the LOI from ACS addressing the antenna structure's location
and construction. ACS states that antenna structure #1237097 was never
constructed and that the Antenna Structure Registration (ASR) had not
been cancelled. A review of the Commission's ASR database revealed the
following violation:
47 C.F.R. S Section 17.57: "The owner of an antenna structure for which
an Antenna Structure Registration Number has been obtained must notify the
Commission within 24 hours of completion of construction (FCC Form 854-R)
and/or dismantlement (FCC Form 854). The owner must also immediately
notify the Commission using FCC Form 854 upon any change in structure
height or change in ownership information." As of the date of the Notice,
the ASR for antenna structure #1237097 states that it is constructed,
however, the Anchorage agents found no evidence that the structure had
been constructed and ACS has failed to cancel the ASR or provide a notice
of dismantlement.
4. 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, ACS 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.^
5. In accordance with Section 1.16 of the Rules, we direct ACS to support
its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer of ACS
with personal knowledge of the representations provided in ACS'
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.^
6. 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
7. This Notice shall be sent to ACS Wireless at its address of record.
8. 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 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