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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Montrose County )  File No.: EB-FIELDWR-13-00012240  Owner of Antenna
   Structure No. 1239474 )

   )    NOV No.:  V201432800009

   Montrose, CO )

                              NOTICE OF VIOLATION

   Released: January  30, 2014

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Montrose County, registrant of
       antenna structure # 1239474 in Montrose, CO.  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 violations noted

    2. On November 18, 2013, an agent of the Enforcement Bureau's Denver
       Office conducted a nighttime inspection  of antenna structure #
       1239474, located at 38DEG 29' 45.0" north latitude and 107DEG 53'
       07.0" west longitude (by the Montrose Regional Airport), and observed
       the following violations:

     a. 47 C.F.R. S 17.23:  "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be registered on or after
        January 1, 1996, must conform to the FAA's painting and lighting
        recommendations set forth on the structure's FAA determination of "no
        hazard,"..."   The FAA recommended that antenna structure 1239474 be
        lit in accordance with Chapters 4, 5, and 12, of Circular 70/7460-1K.
        Chapter 5 specifies two red lights atop the structure. At the time of
        the inspection, the agent observed that there was only one
        functioning light atop the structure.

     b. 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 27, 2013, the agent placed a call to the number provided on
        the registration, finding that it was not associated with the
        registered entity, Montrose County. Additionally, the agent
        determined that the address given on the ASR was no longer valid.

    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, Montrose County  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 Montrose
       County to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Montrose County with personal knowledge of the
       representations provided in Montrose County'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
       licensee'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

   Denver Office

   P.O. Box 25446

   One Denver Federal Center - Building 1A

   Lakewood, CO 80225

    6. This Notice shall be sent to Montrose County 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.


   Nikki P. Shears

   District Director

   Denver  Office

   Western 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


                       Federal Communications Commission