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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
InSite Towers LLC	)                    File No.:  EB-FIELDWR-14-00013874 Owner of Antenna Structure No. 1286872	)
	)	         NOV No.:  V201432940019
Bueyeros, NM	)


NOTICE OF VIOLATION

	 Released: February 27, 2014

By the District Director, San Diego Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to InSite Towers, LLC (InSite), owner of antenna structure # 1286872 in Bueyeros, NM.  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 herein.
* On January 14, 2014, an agent of the Enforcement Bureau's San Diego Office conducted daylight and nighttime observations of antenna structure # 1286872 located at 35⁰ 59' 59.5" north latitude and 103⁰ 27' 23.1" west longitude.   During these inspections, the agent observed the following violation:

  + 47 C.F.R. § 17.4(g):  "...the Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure."  The agent observed that the Antenna Structure Registration Number was not displayed.
 
* 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, InSite, 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.
* In accordance with Section 1.16 of the Rules, we direct InSite to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of InSite with personal knowledge of the representations provided in InSite'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.
* 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
San Diego Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111

* This Notice shall be sent to InSite Towers, LLC, at its address of record.  
* 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



James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau