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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Benton Cooperative Telephone Company ) File No.: EB-FIELDNER-13-00011671
Owner of Antenna Structure No. 1250210 )
Rice, Minnesota ) NOV No.: V201432320002
NOTICE OF VIOLATION
Released: October 23, 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 the Benton Cooperative Telephone
Company, registrant of antenna structure number 1250210 in Rice,
Minnesota. 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 24, 2013, an agent of the Enforcement Bureau's Chicago
Office inspected antenna structure number 1250210 located at the
coordinates 45-44-57.0 North Latitude / 094-12-38.5 West Longitude 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." A sign
attached to the fence surrounding the tower displays a registration
number; however, the number displayed is not correct. The sign reads:
"F.C.C. Registration Number 5925995."
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, the Benton Cooperative Telephone Company 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 the Benton
Cooperative Telephone Company to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized official of the Benton Cooperative Telephone
Company with personal knowledge of the representations provided in
Benton Cooperative Telephone Company'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 Benton
Cooperative Telephone 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 Hwy., Suite 306
Park Ridge, Minnesota 60068
6. This Notice shall be sent to the Benton Cooperative Telephone Company,
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
cc: Brian Butler
Benton Cooperative Telephone Company
^ 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