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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Professional Antenna, Tower and Translator ) File No.:
EB-FIELDWR-13-00012916 Service (PATTS) )
) NOV No.: V201432800017
Licensee of Station K251AF )
) Facility ID: 76228
Montrose, CO )
NOTICE OF VIOLATION
Released: February 27, 2014
By the District Director, Denver District Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Professional Antenna, Tower and
Translator Service (PATTS), licensee of FM translator station K251AF
serving 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 violation noted herein.^
2. On December 10, 2013, an agent of the Enforcement Bureau's Denver
District Office inspected FM translator K251AF located by Montrose,
CO, and observed the following violation:
a. 47 C.F.R. S 74.1265(b): "The call sign of the translator or booster
together with the name, address, and telephone number of the licensee
if the licensee does not reside in the community served by the
translator or booster, and the name and address of a person and place
where station records are maintained, shall be displayed at the
translator or booster site on the structure supporting the
transmitting antenna, so as to be visible to a person standing on the
ground at the transmitter site. The display shall be prepared so as
to withstand normal weathering for reasonable period of time and
shall be maintained in a legible condition by the licensee." During
the inspection conducted on December 10, 2013, the agent observed
that there was no signage with the required information posted at the
transmitter site.
3. Pursuant to Section 308(b) 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, PATTS 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 PATTS to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
PATTS with personal knowledge of the representations provided in
PATTS'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 District Office
P.O. Box 25446
One Denver Federal Center - Building 1A
Lakewood, CO 80225
6. This Notice shall be sent to Professional Antenna, Tower and
Translator Service (PATTS) 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
Nikki P. Shears
District Director
Denver District 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 308(b).
^ 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