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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lotus Bakersfield Corp. ) File No.: EB-FIELDWR-13-00009974
Owner of Antenna Structure No. 1009125 ) NOV No.: V201332900036
)
Bakersfield, California )
NOTICE OF VIOLATION
Released: August 1, 2013
By the District Director, Los Angeles 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 Lotus Bakersfield Corp.,
registrant of antenna structure #1009125 in Bakersfield, CA. 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 July 18, 2013, an agent of the Enforcement Bureau's Los Angeles
Office inspected antenna structure #1009125 in Bakersfield, CA. The
agent observed the following violation:
a. 47 C.F.R. S 17.4(g): "... the Antenna Structure Registration Number
must be displayed in a conspicuous place so that it is readily
visible near the base of the antenna structure. Materials 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." On July 18, 2013, the agent observed that the
signage for antenna structure 1009125 had deteriorated and that
several numbers were no longer legible. Also the signage was not
visible from the base of the antenna structure but had been affixed
to a nearby storage 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, Lotus Bakersfield Corp. 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 Lotus
Bakersfield Corp., to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Lotus Bakersfield Corp., with personal
knowledge of the representations provided in Lotus Bakersfield Corp.'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 regulatee'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
Los Angeles Office
18000 Studebaker Rd., Suite #660
Cerritos, CA 90703
6. This Notice shall be sent to Lotus Bakersfield Corp., 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
Charles A. Cooper
District Director
Los Angeles 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
3
Federal Communications Commission