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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Community Television of Missouri, LLC ) File No.: EB-FIELDSCR-13-00007515
)
Owner of Antenna Structure Nos. 1002991, 1044421 ) NOV No.: V201332560021
Sappington, MO )
NOTICE OF VIOLATION
Released: April 1, 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 Community Television of
Missouri, LLC, owner of antenna structure numbers 1002991 and 1044421
in Sappington, Missouri. 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(s) noted herein.^
2. On March 12, 2013, an agent of the Enforcement Bureau's Kansas City
Office inspected antenna structure numbers 1002991 and 1044421,
located at 10001 Emil, Sappington, MO, 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. 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."
The antenna structures are surrounded by a fence, which prevents
access to the structures' bases. Accordingly, the agents were unable
to determine whether the ASR numbers were posted near the bases.
Moreover, the ASR numbers were not posted at the entrance gate to the
fence.
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, Community Television of Missouri, LLC, 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 Community
Television of Missouri, LLC to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Community Television of Missouri,
LLC with personal knowledge of the representations provided in
Community Television of Missouri, LLC 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
Kansas City Office
520 NE Colbern Road, 2^nd Floor
Lee's Summit, MO 64086
6. This Notice shall be sent to Community Television of Missouri, LLC 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
Ronald D. Ramage
District Director
Kansas City 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