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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dallas MTA, LP ) File No.: EB-FIELDSCR-14-00014213 ) NOV No.
V201342500015
Owner of Antenna Structure No. 1287692 )
Glen Rose, Texas )
NOTICE OF VIOLATION
Released: March 20, 2014
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Dallas MTA, LP, owner of antenna
structure number 1287692, in Glen Rose, Texas. 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 February 13, 2014, an agent of the Enforcement Bureau's Dallas
Office inspected antenna structure number 1287692 located in Glen
Rose, Texas, and observed the following violation:
a. 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 antenna structure." At the time of inspection, the Antenna
Structure Registration number was not posted at the base of 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." During the inspection, it was determined
that the structure was constructed. As of March 6, 2014, the
Antenna Structure Registration (ASR) database listed the antenna
structure as granted.
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, Dallas MTA, LP 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 Dallas MTA, LP
to support their response to this Notice with a signed affidavit or
declaration under penalty of perjury, verifying the truth and accuracy
of the information therein,^ and confirming that all of the
information requested by this Notice which is in their 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent Dallas MTA, LP at the 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 D. Wells
District Director
Dallas District Office
South Central Region
^ 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).