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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cummins Construction Co Inc. ) File No. EB-FIELDSCR-13-00008806 Owner of
Antenna Structure No. 1048256 ) NOV No. V201332500052
)
Enid, Oklahoma )
NOTICE OF VIOLATION
Released: June 10, 2013
By the District Director, Dallas 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 Cummins Construction Co Inc.
owner of antenna structure number 1048256, in Enid, Oklahoma. Pursuant
to Section 1.89(a) of the Rules, issuance of this NOV 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 14, 2013, an agent of the Commission's Dallas Office inspected
antenna structure number 1048256, located in Enid, Oklahoma, and
observed the following violation(s):
a. 47 C.F.R. S 17.4(a): "[T]he owner of any proposed or existing antenna
structure that requires notice of proposed construction to the
Federal Aviation Administration must register the structure with the
Commission." Owners must provide accurate information to the
Commission. The location of the structure in the Antenna Structure
Registration database was 36-24-20.0 N, 097-53-39.0 W. However, the
agents found the actual location of the structure to be 36-24-28.97
N, 097-53-45.13 W.
b. 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. Material 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." 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 Cummins Construction Co 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 Cummins
Construction Co 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 Cummins Construction Co Inc. with personal
knowledge of the representations provided in Cummins Construction Co
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 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent Cummins Construction Co 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 D. Wells
District Director
Dallas District Office
South Central Region
^ 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
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Federal Communications Commission