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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   C & C Communication of New Mexico )  File No.: EB-FIELDWR-14-00013910
   Owner of Antenna Structure No. 1046335 )

   )     NOV No.:  V201432940021

   Clayton, NM )

                              NOTICE OF VIOLATION

   Released: February 27, 2014

   By the District Director, San Diego  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 C & C Communication of New
       Mexico  (C & C ),  owner of antenna structure # 1046335 in Clayton,
       New Mexico.  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.^

    2. On January 14, 2014, an agent of the Enforcement Bureau's San Diego
       Office conducted  daylight and nighttime observations of antenna
       structure # 1046335 located at 23 Clayton Lake Road,  Clayton, New
       Mexico. During these inspections, the agent observed the following
       violation:

   47 C.F.R. S 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.

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

   San Diego Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to C & C Communication of New Mexico  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

   James T. Lyon

   District Director

   San Diego 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

   2

                       Federal Communications Commission