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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
TELNS Broadcasting Company, Inc. ) File No. EB-FIELDSCR-13-00008700 Owner
of Proposed Antenna Structure Nos. ) NOV No. V201332500047
1236170, 1236177, 1236182 )
)
Oklahoma City, Oklahoma )
NOTICE OF VIOLATION
Released: July 10, 2013
By the District Director, Dallas Office, 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 TELNS Broadcasting Company,
Inc., owner of proposed antenna structure numbers 1236170, 1236177 and
1236182, in Oklahoma City, Oklahoma. 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 13, 2013, an agent of the Commission's Dallas Office inspected
the locations registered to antenna structure numbers 1236170, 1236177
and 1236182, in Oklahoma City, Oklahoma, and observed the following
violation(s):.
a. 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." TELNS
Broadcasting, Inc. registered proposed antenna structure numbers
1236170, 1236177 and 1236182 and notified the Commission that
construction of the structures had been completed. As of June 28,
2013, the Antenna Structure Registration (ASR) database shows that
antenna structure numbers 1236170, 1236177, and 1236182 have been
constructed. During the inspection, it was determined that the
structures were not constructed. The owner must terminate the
registrations for all three structures.
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 TELNS Broadcasting Company, Inc. 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 TELNS
Broadcasting Company, Inc. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of TELNS Broadcasting Company, Inc. with
personal knowledge of the representations provided in TELNS
Broadcasting Company, Inc.`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 company'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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to TELNS Broadcasting Company, Inc. 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
James D. Wells
District Director
Dallas District Office
South Central Region
^ 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
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Federal Communications Commission