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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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission