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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   ) File No.: EB-FIELDNER-13-00011107

   Five H Ranch, Inc. )

   Owner of Antenna Structure No. 1036820 ) NOV No.: V201332320013

   Fort Wayne, Indiana )

                              NOTICE OF VIOLATION

                                                 Released: September 16, 2013

   By the District Director, Chicago 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 Five H Ranch, Inc., owner of
       antenna structure number 1036820 in Fort Wayne, Indiana. 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 violations noted herein.^

    2. On August 7, 2013, an agent of the Enforcement Bureau's Chicago Office
       inspected antenna structure number 1036820 located at the coordinates
       41DEG 05' 39" North Latitude, 085DEG 10' 36" West Longitude, in Fort
       Wayne, Indiana and 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 the 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, Five H Ranch, 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 Five H Ranch,
       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 Five H Ranch, Inc. with personal knowledge of
       the representations provided in Five H Ranch, 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

   Chicago Office

   1550 North Northwest Highway, Suite 306

   Park Ridge, IL 60068

    6. This Notice shall be sent to Five H Ranch, 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 M. Roop

   District Director

   Chicago District 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

   2

                       Federal Communications Commission