******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************

                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       
                                       
                                       

In the Matter of	)
	)
City of Fairhope	)	File No.:  EB-FIELDSCR-13-00010931 
Owner of Antenna Structure No. 1232676	)
	)	NOV No.:  V201332480026
Fairhope, Alabama	)
		
		
	


		

NOTICE OF VIOLATION



	Released:  September 9, 2013


By the District Director, Atlanta Office, South Central Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to the City of Fairhope, owner of antenna structure number 1232676 in Fairhope, Alabama.  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.

* On August 28, 2013, an agent of the Enforcement Bureau's Atlanta Office inspected antenna structure number 1232676  located at coordinates 30º 30' 28" North Latitude, 087º 54' 2.6" West Longitude in Fairhope, Alabama and observed the following violation(s):

  + 47 C.F.R. § 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 at the base of the structure.
 
* 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, the City of Fairhope 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.  

* In accordance with Section 1.16 of the Rules, we direct the City of Fairhope to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of the City of Fairhope with personal knowledge of the representations provided in the City of Fairhope'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 City of Fairhope'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.  

* 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
Atlanta Office
3575 Koger Blvd., Suite 320
Duluth, Georgia, 30096

* This Notice shall be sent to the City of Fairhope at its address of record.  

* 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




Douglas Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau