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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Marshall County Commission ) File No.: EB-FIELDNER-13-00009618
Owner of Antenna Structure No. 1033950 ) NOV No.: V201332340008
)
Moundsville, WV )
NOTICE OF VIOLATION
Released: July 24, 2013
By the District Director, Columbia Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Marshall County Commission,
owner of antenna structure number 1033950 in Saint Joseph, West
Virginia. 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 26,2013, an agent of the Enforcement Bureau's Columbia Office
inspected antenna structure number 1033950 located at .6 Miles
Southeast of County Route 21 and observed the following violation:
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." At the time of inspection, the paint on this structure was
faded and bare metal could be seen in several places reducing its
visibility to aircraft.
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, Marshall County Commission 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 Marshall
County Commission to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized official of Marshall County Commission with personal
knowledge of the representations provided in Marshall County
Commission'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 Marshall County Commission'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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6. This Notice shall be sent to Marshall County Commission 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
Salomon Satche
District Director
Columbia District Office
Northeast 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