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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Puerto Rico Telephone Company Inc. ) File No.: EB-FIELDSCR-13-00008491


   Owner of Antenna Structure No.: 1011469 ) NOV No.: V201332680004


   Rio Grande, Puerto Rico )


                              NOTICE OF VIOLATION

   Released: June 7, 2013

   By the Resident Agent, San Juan 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 Puerto Rico Telephone Company
       Inc., owner of antenna structure number 1011469 in El Yunque, Rio
       Grande, Puerto Rico. 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 6 and 8, 2013, an agent of the Enforcement Bureau's San Juan
       Office inspected antenna structure number 1011469, and observed the
       following violations:

     a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." The
        agent observed on both evenings that the lights on antenna structure
        number 1011469 were not lit. On May 10, 2013, the agent confirmed
        with the Federal Aviation Administration that it had not been
        notified of the outage. On May 10, 2013, the agent contacted Puerto
        Rico Telephone Company Inc. about the lighting outage. At that time,
        Puerto Rico Telephone Company Inc. was unaware of the outage. On May
        20, 2013, Puerto Rico Telephone Company Inc. informed the San Juan
        Office that the structure's lights were repaired on May 13, 2013 and
        that there had been a problem with the automatic light monitoring

     b. 47 C.F.R. S 17.47(a)(2): "The owner of any antenna structure which is
        registered with the Commission... (2) Shall provide and properly
        maintain an automatic alarm system designed to detect any failure of
        such lights and to provide indication of such failure to the owner."

    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, Puerto Rico Telephone Company 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
       describe Puerto Rico Telephone Company's maintenance and inspection
       procedures for its automatic light monitoring system, when it
       discovered the problem with its system, and why its system failed. 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 Puerto Rico
       Telephone Company 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 Puerto Rico Telephone Company Inc. with
       personal knowledge of the representations provided in Puerto Rico
       Telephone Company 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 Puerto Rico Telephone Company
       Inc.'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

   San Juan Office

   US Federal Building Room 762

   San Juan, PR 00918-1731

    6. This Notice shall be sent to Puerto Rico Telephone Company 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.


   William Berry

   Resident Agent

   San Juan 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