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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Subcarrier Communications, Inc. )  File No.: EB-FIELDWR-13-00008636  Owner
   of Antenna Structure No. 1215151 )   NOV No.:  V201332800061


   Cheyenne, WY )


                              NOTICE OF VIOLATION

   Released: July 18, 2013

   By the District Director, Denver District  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 Subcarrier Communications, Inc.
       (Subcarrier), registrant of Antenna Structure # 1215151  by Cheyenne,
       WY.  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 May 10, 2013, an agent of the Enforcement Bureau's Denver District
       Office inspected  Antenna Structure # 1215151 located at the
       coordinates 41DEG 01' 16.9" north latitude and 104DEG 46' 58.9" west
       longitude, and observed the following violation:

     a. 47 C.F.R. S 17.50:  "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility."   Antenna Structure # 1215151 is required to be
        painted and at the time of the inspection, the agent observed that
        the paint on the antenna structure was faded and chipped.

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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Subcarrier Communications, 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.


   Nikki P. Shears

   District Director

   Denver  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



                       Federal Communications Commission