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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Subcarrier Communications Inc. ) File No.: EB-FIELDNER-13-00008088

   Owner of Antenna Structure No. 1050160  )

   ) NOV No.: V201332360025

   Columbus, Ohio )

                              NOTICE OF VIOLATION

   Released: June 3, 2013

   By the District Director, Detroit 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 Subcarrier Communications Inc.,
       owner of antenna structure number 1050160 in Columbus, Ohio. 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 April 4, 2013, an agent of the Enforcement Bureau's Detroit Office
       inspected antenna structure number 1050160 located at coordinates 40-o
       08' 44.0" N. Latitude, 083-o 00' 17.0" W. Longitude, 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. 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 the inspection, the Antenna Structure Registration Number was not
   posted.

    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, Subcarrier Communications Inc. 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 Subcarrier
       Communications Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Subcarrier Communications Inc. with personal
       knowledge of the representations provided in Subcarrier Communications
       Inc.'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 possession, custody, control, or knowledge of
       Subcarrier Communications Inc. 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    6. This Notice shall be sent to Subcarrier Communications Inc. 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

   James A. Bridgewater

   District Director

   Detroit 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

   3

                       Federal Communications Commission