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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
T-Mobile West, LLC. ) File No. EB-FIELDSCR-13-00009509 Owner of Proposed
Antenna Structure No. 1242569 ) NOV No. V201332500064
)
Coppell, Texas )
NOTICE OF VIOLATION
Released: July 18, 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 T-Mobile West, LLC, owner of
proposed antenna structure number 1242569, in Coppell, Texas. 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 June 26, 2013, an agent of the Commission's Dallas Office inspected
the locations registered to antenna structure number 1242569, in
Coppell, Texas, 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." T-Mobile
West, LLC registered proposed antenna structure number 1242569 and
notified the Commission that construction of the structure had been
completed. As of July 11, 2013, the Antenna Structure Registration
(ASR) database shows that antenna structure number 1242569 has been
constructed. During the inspection, it was determined that the
structure was not constructed. The owner must terminate the
registrations for the structure.
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 T-Mobile West, LLC 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 T-Mobile West,
LLC to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of T-Mobile West, LLC with personal knowledge of
the representations provided in T-Mobile West, LLC`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 T-Mobile West, LLC 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
2
Federal Communications Commission