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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Chesapeake College ) File No. EB-FIELDNER-12-00005009
Licensee of Antenna Structure )
ASR #1060048 ) NOV No.: V201332340006
Wye Mills, MD )
)
NOTICE OF VIOLATION
Released: April 22, 2013
By the District Director, Columbia 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 Chesapeake College, licensee of
antenna structure number 1060048 in Wye Mills, Maryland. 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 26, 2013, an agent of the Enforcement Bureau's Columbia
Office inspected antenna structure number 1060048 located on Wye
Mills Road, on the campus of Chesapeake College, in Wye Mills,
Maryland, and observed the following violation:
47 C.F.R. S 17.57: The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). 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, Allfirst Bank
was incorrectly listed in the FCC's ASR database as the owner of antenna
structure number 1060048. Although a representative from Chesapeake
College confirmed that ownership of antenna structure 1060048 had been
transferred from Allfirst Bank to Chesapeake College, the FCC was not
notified of the ownership change.
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, Chesapeake College, 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 Chesapeake
College to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Chesapeake College with personal knowledge of
the representations provided in Chesapeake College 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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6. This Notice shall be sent to Chesapeake College 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
Salomon Satche
District Director
Columbia 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 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
2
Federal Communications Commission