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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Jimmy H. Kelley ) File No.: EB-FIELDSCR-13-00008393

   ) NOV No.: V201332620021

   Owner of Antenna Structure No. 1040632 )


   Hamburg, Arkansas )


                              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 Jimmy H. Kelley, owner of
       antenna structure number 1040632 in Hamburg, Arkansas. 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, the following violation was observed:

     a. 47 C.F.R. S 17.51: "All red obstruction lighting shall be exhibited
        from sunset to sunrise unless otherwise specified." On May 1, 2013,
        an officer with the Ashley County Sheriff's Office observed that none
        of the red obstruction lighting on antenna structure number 1040632
        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 Mr. Kelley 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 Mr. Kelley to
       support his response to this Notice with a signed and dated 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 the his 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 Jimmy H. Kelley at his 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.

   ^ 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