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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Liberty Cablevision of Puerto Rico Inc. ) File No.:
EB-FIELDSCR-13-00010718
)
Owner of Antenna Structure No. 1011909 ) NOV No.: V201332680007
)
Vega Baja, Puerto Rico )
)
NOTICE OF VIOLATION
Released: September 9, 2013
By the Resident Agent, San Juan 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 Liberty Cablevision of Puerto
Rico Inc., owner of antenna structure number 1011909 in Vega Baja,
Puerto Rico. 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 August 22, 2013, an agent of the Enforcement Bureau's San Juan
Office inspected antenna structure number 1011909, and observed the
following violations:
a. 47 C.F.R. S 17.4(g): "Except as described in paragraph (h) of this
section, 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..." At the time of inspection the Tower
Registration Number was not posted at the base of the structure.
3. On August 26 and 28, 2013, an agent of the Enforcement Bureau's San
Juan Office inspected antenna structure number 1011909, and observed
the following violations:
a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." The
agent observed on both evenings that the lights on antenna structure
number 1011909 were not lit. On August 27, 2013, the agent confirmed
with the Federal Aviation Administration that it had not been
notified of the outage.
4. 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, Liberty Cablevision of Puerto Rico 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 describe Liberty Cablevision of Puerto Rico Inc.'s
maintenance and inspection procedures for its automatic light
monitoring system, when it last inspected its system, when it
discovered the problem with its system, and why its system failed. The
response must also state when and how it first learned of the above
mentioned outage. The response must be complete in itself and must not
be abbreviated by reference to other communications or answers to
other notices.^
5. In accordance with Section 1.16 of the Rules, we direct Liberty
Cablevision of Puerto Rico 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 Liberty Cablevision of Puerto Rico
Inc. with personal knowledge of the representations provided in
Liberty Cablevision of Puerto Rico 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 Liberty
Cablevision of Puerto Rico'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.^
6. 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
San Juan Office
US Federal Building Room 762
San Juan, PR 00918-1731
7. This Notice shall be sent to Liberty Cablevision of Puerto Rico Inc.
at its address of record.
8. 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
William Berry
Resident Agent
San Juan 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
2
Federal Communications Commission