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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Virginia Beach, City of - Communications Div. )
)
Owner of Antenna Structure No. 1205896 and ) File No.:
EB-FIELDSCR-13-00012092
Owner of Antenna Structure No. 1205897 ) File No.: EB-FIELDSCR-13-00012104
)
Virginia Beach, Virginia ) NOV No.: V201432640001
NOTICE OF VIOLATION
Released: November 12, 2013
By the Resident Agent, Norfolk Resident Agent 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 Virginia Beach, City of -
Communications Div., owner of antenna structure numbers 1205896 and
1205897, in Virginia Beach, Virginia. 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(s) noted herein.^
2. On November 1, 2013, an agent of the Commission's Norfolk Resident
Agent Office inspected the locations registered to antenna structure
numbers 1205896 and 1205897, in Virginia Beach, Virginia, and observed
the following violation(s):
a. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." On November
1, 2013, the agent observed that the antenna structures had been
constructed. A review of the FCC ASR database found that Virginia
Beach, City of - Communications Div. had not updated the records to
indicate that the antenna structures were constructed.
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, Virginia Beach, City of - Communications Div. 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 Virginia
Beach, City of - Communications Div. to support its response to this
Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Virginia Beach, City of -
Communications Div. with personal knowledge of the representations
provided in Virginia Beach, City of - Communications Div.'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 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
Norfolk Resident Agent Office
1457 Mount Pleasant Road, Suite 113
Chesapeake, Virginia, 23322
6. This Notice shall be sent to Virginia Beach, City of - Communications
Div. 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
Greg Coons
Resident Agent
Norfolk Resident Agent Office
South Central 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).