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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Port of Seattle ) File No.: EB-FIELDWR-13-00009161
Owner of Antenna Structure No. 1004038 ) NOV No.: V201332980016
)
Seatac, WA )
NOTICE OF VIOLATION
Released: July 3, 2013
By the Acting District Director, Seattle 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 the Port of Seattle, registrant
of antenna structure #1004038 in Seatac, WA. 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 11, 2013, an agent of the Enforcement Bureau's Seattle Office
inspected antenna structure #1004038 in Seatac, WA. The agent observed
the following violation:
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."
On June 11, 2013, the agent determined there was no displayed sign for
antenna structure #1004038.
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, Port of Seattle, 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 Port of
Seattle, to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Port of Seattle, with personal knowledge of the
representations provided in the Port of Seattle'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
regulatee'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
Seattle District Office
11410 NE 122^nd Way, Suite 312
Kirkland, Washington 98034
6. This Notice shall be sent to Port of Seattle, at its 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
Leo Cirbo
Acting District Director
Seattle District Office
Western 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