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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wynn Communications, Inc. ) File No.: EB-FIELDSCR-13-00008713
)
Owner of Antenna Structure Nos. 1202657 and ) NOV No.: V201332500054
1203128 )
)
Preston, Oklahoma )
NOTICE OF VIOLATION
Released: August 1, 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 Wynn Communications, Inc.,
owner of antenna structure numbers 1202657 and 1203128 in Preston,
Oklahoma. 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(s) noted herein.^
2. On May 1, 2013, an agent of the Enforcement Bureau's Dallas Office
inspected antenna structure numbers 1202657 and 1203128 located at
Preston, Oklahoma (0.9 Miles NE Preston, Oklahoma), and observed the
following violation(s):
a. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration (ASR) Number
must be displayed in a conspicuous place so that it is readily
visible near the base of the antenna structure. Material 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." At the time of inspection, the agent observed
that the ASR Numbers for structure numbers 1202657 and 1203128 were
not posted in a conspicuous places near the bases.
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, Wynn Communications, 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 Wynn
Communications, 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 Wynn Communications, Inc. with personal
knowledge of the representations provided in Wynn Communications,
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, TX 75243
6. This Notice shall be sent to Wynn 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.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central 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
3
Federal Communications Commission