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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Electric Power ) File No.: EB-FIELDNER-13-00010347
Owner of Antenna Structure No. 1062259 )
) NOV No.: V201332360038
Bellville, Ohio )
NOTICE OF VIOLATION
Released: August 22, 2013
By the District Director, Detroit 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 American Electric Power,
registrant of antenna structure number 1062259 in Bellville, Ohio.
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 17, 2013, an agent of the Enforcement Bureau's Detroit Office
inspected antenna structure number 1062259 located at the coordinates
40-o 39' 09" North Latitude, 082-o 30' 57" West Longitude in
Bellville, Ohio. The agent observed the following violation:
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." At the time
of inspection, the Antenna Structure Registration Number was not posted.
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, American Electric Power 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 American
Electric Power, to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of American Electric Power with personal
knowledge of the representations provided in American Electric Power'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 American Electric Power'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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
6. This Notice shall be sent to American Electric Power 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 A. Bridgewater
District Director
Detroit 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
3
Federal Communications Commission