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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Edwina Brown ) File No.: EB-FIELDSCR-13-00008391
)
Owner of Antenna Structure No. 1064344 ) NOV No.: V201332620019
)
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 Edwina Brown, 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. Brown 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. Brown 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. Brown'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 Edwina Brown 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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission