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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Tacoma ) File No. EB-FIELDWR-13-00006440

   )

   Antenna Structure Owner )

   )

   Tacoma, WA ) NOV No. V201332980003

                              NOTICE OF VIOLATION

   Released: March 13, 2013

   By the Acting District Director, Seattle 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 City of Tacoma, owner of
       the antenna structure located at 47DEG14'56.36" north latitude and
       122DEG27'45.92" west longitude in Tacoma, WA.  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 29, 2013, an agent of the Enforcement Bureau's Seattle
       Office received a complaint concerning antenna structure light outage
       in Tacoma, WA.  Subsequent investigation from this office  determined
       the following violations:

   a. 47 C.F.R. S 17.7: "A notification to the Federal Aviation
   Administration is required, except as set forth in S 17.14, for any of the
   following construction or alteration: (a) Any construction or alteration
   of more than 60.96 meters (200 feet) height above ground level at its
   site." On January 29, 2013, the Seattle agent measured the referenced
   antenna structure  at 215 feet in height above ground level and determined
   that no notification to the  Federal Aviation Administration had been
   issued.

   b. 47 C.F.R. S 17.4(a): "Effective July 1, 1996, the owner of any proposed
   or existing antenna structure that requires notice of proposed
   construction to the Federal Aviation Administration must register the
   structure with the Commission." On January 29, 2013, the Seattle agent
   measured the height of the referenced antenna structure at 215 feet in
   height above ground level, determined that the structure required
   notification to the Federal Aviation Administration, and determined that
   it had not been registered with the FCC.

    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 City of Tacoma, 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 City of
       Tacoma  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 City of Tacoma with personal knowledge of
       the representations provided in the City of Tacoma'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 regulatee'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

   Seattle District Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, Washington 98034

    6. This Notice shall be sent to the City of Tacoma 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

   Binh T. Nguyen

   Acting District Director

   Seattle Office

   Western 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 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