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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Forever of PA, Inc. ) File No.: EB-FIELDNER-13-00012977
)
Owner of Antenna Structure No. 1057380 ) NOV No.: V201432400013
)
Titusville, Pennsylvania )
)
NOTICE OF VIOLATION
Released: January 22, 2014
By the District Director, Philadelphia 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 Forever of PA, Inc. (Forever),
owner of antenna structure number 1057380 in Titusville, Pennsylvania.
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 December 19, 2013 in response to a complaint, agents of the
Enforcement Bureau's Philadelphia Office inspected antenna structure
number 1057380 located on Rd #5, South Perry Street, Titusville,
Pennsylvania at the coordinates 41^o 37' 00" North Latitude 079^o 41'
31" West Longitude and observed the following violation:
47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part shall report immediately by
telephone or telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration any observed or otherwise known
extinguishment or improper functioning of any top steady burning light or
any flashing obstruction light, regardless of its position on the antenna
structure, not corrected within 30 minutes. Such reports shall set forth
the condition of the light or lights, the circumstances which caused the
failure, the probable date for restoration of service, the FCC Antenna
Structure Registration Number, the height of the structure (AGL and AMSL
if known) and the name, title, address, and telephone number of the person
making the report." Forever reported to the agents that it first became
aware on December 12, 2013 that an obstruction light outage existed on
antenna structure number 1057380; however, Forever did not report the
outage to the FAA until December 19, 2013.^
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, Forever 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 Forever to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Forever with personal knowledge of the representations provided in
Forever 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 regulatee'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Forever 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
David C. Dombrowski
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ The FAA issued NOTAM No. 12-225 on December 19, 2013 at 9:45 a.m. for
antenna structure number 1057380.
^ 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
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Federal Communications Commission