Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Illinois Central Railroad Company ) FileNo.: EB-FIELDSCR-13-00007366
) NOV No. V201332620010
Owner of Antenna Structure No. 1023229 )
Laplace, Louisiana )
NOTICE OF VIOLATION
Released: March 25, 2013
By the Deputy Regional Director, New Orleans Office, SouthCentral Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Illinois Central Railroad
Company, owner of antenna structure number 1023229 in Laplace,
Louisiana. 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 noted herein.^
2. On March 7, 2013, an agent of the Enforcement Bureau's New Orleans
Office inspected antenna structure 1023229 located near the junction
of Highway 3217 and River Road in Laplace, Louisiana, and observed the
following violations:
47 C.F.R.S 17.4(a): "...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."
All information provided to the Commission must be accurate. At the time
of inspection, antenna structure number 1023229 was located several yards
away from the coordinates listed in the ASR database.
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. Materials used to display the Antenna
Structure Registration number must be weather-resistant and of sufficient
size to be easily seen at the base antenna structure." At the time of
inspection, the Antenna Structure Registration number was not posted.
47 C.F.R. S 17.57: "The owner must also immediately notify the Commission
using FCC Form 854 upon any change in structure height or change in
ownership information." At the time of inspection, the contact address and
telephone number for Illinois Central Railroad Company in the ASR database
was incorrect.
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, Illinois Central Railroad Company 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 Illinois
Central Railroad Company to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Illinois Central Railroad Company with
personal knowledge of the representations provided in Illinois Central
Railroad Company'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
New Orleans Office
Room 460, 2424 Edenborn Avenue
Metairie, Louisiana 70001
6. This Notice shall be sent to Illinois Central Railroad Company 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
Loyd Perry
Deputy Regional Director
New Orleans District Office
South Central 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
3
Federal Communications Commission