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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-FIELDNER-13-00007534
)
RWS Realty Trust )
Registrant of Antenna Structure Numbers 1004093 ) NOV No. V201332260005
Lynn, Massachusetts )
)
NOTICE OF VIOLATION
Released: April 10, 2013
By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to RWS Realty Trust, owner of
antenna structure number 1004093 (Antenna Structure) in Lynn,
Massachusetts. 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 March 21, 2013, an agent of the Enforcement Bureau's Boston Office
inspected the Antenna Structure located at 424 Essex Street in Lynn,
Massachusetts, and observed the following violation:
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." At the time of the inspection, the agent
observed no antenna structure registration number displayed near the base
of the antenna structure.
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 violation and any remedial actions taken.
Therefore, RWS Realty Trust, must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain the violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct the 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 RWS Realty
Trust to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of RWS Realty Trust with personal knowledge of the
representations provided in RWS Realty Trust 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
Boston Office
1 Batterymarch Park Ste 102
Quincy, MA, 02169
6. This Notice shall be sent to RWS Realty Trust 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
Dennis Loria
District Director
Boston District Office
Northeast 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 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
3
Federal Communications Commission