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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.:

   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.


   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).