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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Marathon Oil Company )   File No. EB-FIELDWR-13-00009540

   Owner of Antenna Structure No. 1003542 )  NOV No. V201332780023


   Kenai, Alaska )


                              NOTICE OF VIOLATION

                                                      Released: July  3, 2013

   By the Resident Agent, Anchorage Resident Agent  Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^  to  Marathon Oil Company
       (Marathon), registrant of antenna structure #1003542  in Kenai,
       Alaska.   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 noted herein.^

    2. On June 20, 2013, an agent of the Enforcement Bureau's Anchorage
       Resident Agent Office inspected antenna structure #1003542 located  at
       34090 Kalifornsky Beach Road,  Kenai, Alaska, and observed the
       following violations(s):

   a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must be
   displayed in a conspicuous place so that it is readily visible near the
   base of the antenna structure. Materials used to display the Antenna
   Structure Registration Number must be weather-resistant and of sufficient
   size to be easily seen at the base of the antenna structure." The agent
   did not observe the antenna registration number posted near the base or in
   the vicinity of the antenna structure.

   b.  47 C.F.R. S  17.57: "The owner of an antenna structure for which an
   Antenna Structure Registration Number has been obtained must notify the
   Commission within 24 hours of completion of construction (FCC Form 854-R)
   and/or dismantlement (FCC Form 854). The owner must also immediately
   notify the Commission using FCC Form 854 upon any change in structure
   height or change in ownership information."   The ASR information at the
   time of inspection shows the AGL as 33.5 meters for both the AGL with and
   without appurtenances. The agent observed the antenna structure to have
   appurtenances that extend above the supporting structure. The provided AGL
   `without appurtenances" and the AGL "including appurtenances" cannot be
   the same height.

    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, Marathon 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 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 Marathon to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Marathon  with personal knowledge of the representations provided in
       Marathon'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 the licensee'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

   Anchorage Resident Agent Office

   P.O. Box 231949

   Anchorage, Alaska 99523-1949

    6. This Notice shall be sent to Marathon Oil Company  at its address of

    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.


   Marlene Windel

   Resident Agent

   Anchorage Resident Agent  Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S403.

   ^ 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