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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
William L. Lewis ) File No.: EB-FIELDSCR-13-00010876
) NOV No. V201332500069
Owner of Antenna Structure No. 1267736 )
Sunnyvale, Texas )
NOTICE OF VIOLATION
Released: September 20, 2013
By the Deputy Regional Director, Dallas 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 William L. Lewis, owner of
antenna structure number 1267736, in Sunnyvale, Texas. 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 29, 2013, an agent of the Enforcement Bureau's Dallas Office
inspected antenna structure number 1267736 located in Sunnyvale,
Texas, and observed the following violations:
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 antenna structure." At the time of
inspection, the Antenna Structure Registration number was not posted at
the base of the 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 Mr. Lewis 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 Mr. Lewis to
support his response to this Notice with a signed affidavit or
declaration under penalty of perjury, verifying the truth and accuracy
of the information therein,^ and confirming that all of the
information requested by this Notice which is in his 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to William L. Lewis at his record 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 D. Wells
District Director
Dallas District Office
South Central Region
^ 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