Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   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.


   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


                       Federal Communications Commission