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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   CellTex Site Services ) File No.: EB-FIELDSCR-13-00008665


   Owner of Antenna Structure No.: 1253141 ) NOV No.: V201332540010


   La Vernia, Texas )


                              NOTICE OF VIOLATION

   Released: May 22, 2013

   By the Resident Agent, Houston Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to CellTex Site Services, owner of
       antenna structure number 1253141 in La Vernia, Texas. 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 May 13, 2013, an agent of the Enforcement Bureau's Houston Office
       inspected an antenna structure located in La Vernia, Texas, and
       observed the following violation:

     a. 47 C.F.R. 17.4(g): "Except as described in paragraph (h) of this
        section, 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 of the antenna
        structure." At the time of inspection, the only Antenna Structure
        Registration Number observed was 1241373. However, this was the
        incorrect number for the antenna structure observed at this location.

    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, CellTex Site Services 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 CellTex Site
       Services to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of CellTex Site Services with personal knowledge of
       the representations provided in CellTex Site Services' response,
       verifying the truth and accuracy of the information therein,^ and
       confirming that all of the information requested by this Notice which
       is in CellTex Site Services' 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

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    6. This Notice shall be sent to CellTex Site Services at its address of

    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.


   Stephen P. Lee

   Resident Agent

   Houston 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


                       Federal Communications Commission