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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Coltrace Communications, Inc. ) File No.: EB-FIELDNER-13-00010288
Owner of Antenna Structure Nos. 1003575 and )
1003576 ) NOV No.: V201432360007
)
Harrison, Michigan )
NOTICE OF VIOLATION
Released: November 26, 2013
By the District Director, Detroit 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 Coltrace Communications, Inc.,
owner of antenna structure numbers 1003575 & 1003576 in Harrison,
Michigan. 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 16, 2013, in response to a complaint, an agent of the
Enforcement Bureau's Detroit Office inspected antenna structure
numbers 1003575 and 1003576 located at 560 E. Larch Road, Harrison,
Michigan. The agent observed the following violation:
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." Coltrace Communications, Inc. failed to
notify the Commission of a change in ownership information for both towers
and failed to notify the Commission within 24 hours of the dismantlement
of ASRN 1003576.
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, Coltrace Communications, Inc. 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 Coltrace
Communications, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Coltrace Communications, Inc. with personal
knowledge of the representations provided in Coltrace Communications,
Inc.'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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
6. This Notice shall be sent to Coltrace Communications, Inc. 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 A. Bridgewater
District Director
Detroit 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
3
Federal Communications Commission