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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of Maryland ) File No.: EB-FIELDNER-14-00013494
Antenna Structure Registrant ) NOV No.: V201432340006
ASR #1028990 )
Woodlawn, Maryland )
)
NOTICE OF VIOLATION
Released: February 26, 2014
By the District Director, Columbia 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 the State of Maryland,
registrant of antenna structure number 1028990 located in Woodlawn,
Maryland. 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 January 30, 2014, an agent of the Enforcement Bureau's Columbia
Office inspected antenna structure number 1028990 located at 1711
Belmont Avenue, Woodlawn, Maryland. The agent observed the following
violation:
47 C.F.R. S 17.50: "Antenna structures requiring painting under this part
shall be cleaned or repainted as often as necessary to maintain good
visibility." At the time of inspection, the agent observed that the tower
had faded and peeling paint.
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 violation and any remedial actions taken.
Therefore, the State of Maryland 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 the State of
Maryland to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized official of the State of Maryland with personal knowledge
of the representations provided in the State of Maryland'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 State of Maryland'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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6. This Notice shall be sent to the State of Maryland 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
Salomon Satche
District Director
Columbia District 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
2
Federal Communications Commission