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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Hazel Montgomery ) File No.: EB-FIELDSCR-13-00008392


   Owner of Antenna Structure No. 1064344 ) NOV No.: V201332620018


   De Kalb, Mississippi )


                              NOTICE OF VIOLATION

   Released: July 1, 2013

   By the Deputy Regional Director, 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 Hazel Montgomery, owner of
       antenna structure number 1064344 in De Kalb, Mississippi.^ 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 1, 2013, an agent of the Commission's New Orleans Office
       inspected antenna structure number 1064344 located in De Kalb,
       Mississippi and observed the following violation(s):

     a. 47 C.F.R. S 17.51: "All red obstruction lighting shall be exhibited
        from sunset to sunrise unless otherwise specified." At the time of
        inspection, none of the red obstruction lighting on antenna structure
        number 1064344 was lit after sunset.

    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, Ms. Montgomery must submit a written statement concerning
       this matter within ten (10) calendar 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 Ms. Montgomery
       to support her response to this Notice with a signed affidavit or
       declaration under penalty of perjury, verifying the truth and accuracy
       of the information therein,^ and confirming that all of the
       information requested by this Notice which is in Ms. Montgomery'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

   New Orleans Office

   2424 Edenborn Ave., Suite 460

   Metairie, Louisiana 70001

    6. This Notice shall be sent via certified, return receipt requested, and
       first class mail to Hazel Montgomery at her 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.


   Loyd Perry

   Deputy Regional Director

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ This antenna structure is owned by four individuals. Separate Notices of
   Violation are being issued to each individual owner.

   ^ 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