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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-FIELDSCR-13-00007953
)
InSite Towers LLC )
Owner of Antenna Structure No. 1207475 ) NOV No. V201332480012
)
Shelby, North Carolina )
)
NOTICE OF VIOLATION
Released: April 15, 2013
By the District Director, Atlanta 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 InSite Towers LLC, owner of
antenna structure number 1207475 (Antenna Structure) in Shelby, North
Carolina. 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 28, 2013, an agent of the Enforcement Bureau's Atlanta Office
inspected the Antenna Structure located at 1511 W. Dixon Blvd. in
Shelby, North Carolina, 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, InSite Towers LLC, 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 InSite Towers
LLCto support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of InSite Towers LLC with personal knowledge of
the representations provided in InSite Towers LLC'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
Atlanta Office
3575 Koger Blvd. Ste. 320
Duluth, GA, 30096
6. This Notice shall be sent to InSite Towers 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
Douglas Miller
District Director
Atlanta 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