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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Northwest Missouri Cellular Owner of Antenna Structure
   No. 1031642 Corning, MO ) ) ) ) ) ) ) ) File No.: EB-FIELDSCR-13-00007459
   NOV No.: V201332560019




                              NOTICE OF VIOLATION

   Released: April 4, 2013

   By the District Director, Kansas City 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 Northwest Missouri Cellular
       (NWMC), owner of antenna structure number  1031642 in Corning,
       Missouri. 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 March 18, 2013, an agent of the Commission's Kansas City Office
       inspected  antenna structure number  1031642  located at 1.2 mi SSE of
       Corning, MO, and observed the following violation(s):

   a. 47 C.F.R.S17.47(b): "The owner of any antenna structure which is
   registered with the Commission and has been assigned lighting
   specifications referenced in this part: (b) Shall inspect at intervals not
   to exceed 3 months all automatic or mechanical control devices,
   indicators, and alarm systems associated with the antenna structure
   lighting to insure that such apparatus is functioning properly." At the
   time of the inspection, NWMC stated that it was unaware of the requirement
   to inspect its automatic remote light monitoring system every 3 months.

   b. 47 C.F.R.S17.48(a): "The owner of any antenna structure which is
   registered with the Commission and has been assigned lighting
   specifications referenced in this part: (a) Shall report immediately by
   telephone or telegraph to the nearest Flight Service Station or office of
   the Federal Aviation Administration (FAA) any observed or otherwise known
   extinguishment or improper functioning of any top steady burning light or
   any flashing obstruction light, regardless of its position on the antenna
   structure, not corrected within 30 minutes." In an email on March 19,
   2013, NWMC provided the agent evidence that it first became aware of an
   outage of the top red beacon on January 2, 2013. According to the FAA,
   NWMC first notified the FAA of the top red beacon outage on January 17,
   2013.



    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Commission's Rules, Northwest
       Missouri Cellular, must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       must (i) 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 Northwest
       Missouri Cellular to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of  Northwest Missouri Cellular  with personal
       knowledge of the representations provided in  Northwest Missouri
       Cellular'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.^ 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

   Kansas City Office

   520 N.E. Colbern Rd.

   2nd Floor

   Lees Summit, MO  64086-4711

    5. This Notice shall be sent to Northwest Missouri Cellular at its
       address of record.

    6. 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. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.^

   FEDERAL COMMUNICATIONS COMMISSION

   Ronald D. Ramage

   District Director

   Kansas City 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).

   ^18 U.S.C. S 1001 et seq.

                       Federal Communications Commission

   2

                       Federal Communications Commission