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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Keith Douglas Learn  )  File No. EB-FIELDWR-13-00011007

   Owner of Antenna Structure, No. 1007804 )

   ) NOV No. V2013329400022

   Parker, Arizona  )

                              NOTICE OF VIOLATION

                          Released: September 26, 2013

   By the District Director, San Diego Office, Western Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to  Keith Douglas Learn (Mr.
       Learn),  owner of antenna structure number  1007804, in Parker,
       Arizona.  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 26, 2013, an agent of the Enforcement Bureau's San Diego
       Office inspected  antenna structure number 1007804,  located in
       Parker, Arizona, and observed the following violation:

   a. 47 C.F.R. S 17.57: "The owner must also immediately notify the
   Commission using

   FCC Form 854 upon any change in structure height or change in ownership
   informa-

   tion." The San Diego Office received information that Mr. Learn, acquired
   the antenna structure in 2000, but has not updated the ownership
   information for 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. Learn  must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain the violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct the violations 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 that  Keith
       Douglas Learn,  support the response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by him,
       with personal knowledge of the representations provided in the
       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 registrant'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

   San Diego Office

   4542 Ruffner St., #370

   San Diego, CA 92111

    6. This Notice shall be sent to Keith Douglas Learn.,  at the 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 T. Lyon

   District Director

   San Diego Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S403.

   ^ 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