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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

    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.


   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


                       Federal Communications Commission