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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Milestone Communications ) File No.: EB-FIELDNER-13-00011517
Owner of Antenna Structures ) NOV No.: V201332340010
)
ASR #1273960 - Chantilly, Virginia ) FRN: 0005523832
ASR #1284231 - Herndon, Virginia )
NOTICE OF VIOLATION
Released: October 18, 2013
By the District Director, Columbia 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 Milestone Communications, owner
of antenna structure numbers 1273960 and 1284231 located in Chantilly,
Virginia and Herndon, Virginia, respectively. 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 noted
herein.^
2. On September 17, 2013, an agent of the Enforcement Bureau's Columbia
Office inspected antenna structure number 1284231 located at 901
Locust Street, Herndon, Virginia. In addition, on September 24, 2013,
the agent inspected antenna structure number 1273960 located at 4201
Stringfellow Road, Chantilly, Virginia. At both locations, the agent
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 inspection, the Antenna Structure Registration Numbers were 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, Milestone Communications 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 Milestone
Communications to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized official of Milestone Communications with personal
knowledge of the representations provided in Milestone Communications'
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 Milestone Communications' 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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6. This Notice shall be sent to Milestone Communications 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
Salomon Satche
District Director
Columbia 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