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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MK Communications ) File No.: EB-FIELDWR-13-00011272 Registrant of
Antenna Structure No. 1247988 )
) NOV No.: V201432800003
Vernal, UT )
NOTICE OF VIOLATION
Released: November 7, 2013
By the District Director, Denver District 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 MK Communications, registrant of
antenna structure # 1247988 in Vernal, UT. 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 September 14, 2013, an agent of the Enforcement Bureau's Denver
District Office inspected Antenna Structure # 1247988 located at
1275 East 335 South, Vernal, UT, and observed the following
violations:
a. 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 the inspection, the
agent observed that the antenna structure registration number was not
displayed.
b. 47 C.F.R. S 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure to be registered on or after
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of "no
hazard,"..." The FAA recommended that the antenna structure be lit
in accordance with Chapters 4, 5, and 12 of FAA Circular 70/7460-1K.
Chapter 5 specifies red lights. The agent observed that no lights
were installed on the antenna 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, MK 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 MK
Communications to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of MK Communications with personal knowledge of
the representations provided in MK 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
licensee'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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6. This Notice shall be sent to MK Communications at it 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
Nikki P. Shears
District Director
Denver District Office
Western 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
3
Federal Communications Commission