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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
City of Hereford ) File No.: EB-FIELDSCR-14-00014589
)
Owner of Antenna Structure No. 1051939 ) NOV No.: V201432500019
)
Hereford, Texas )
NOTICE OF VIOLATION
Released: April 8, 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 City of Hereford, owner of
antenna structure number 1051939 in Hereford, 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 violation(s) noted herein.^
2. On March 19, 2014, an agent of the Enforcement Bureau's Dallas Office
inspected antenna structure number 1051939 located at Hereford, Texas,
and observed the following violation(s):
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 near the base of the structure.
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, City of Hereford 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 City of
Hereford to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of City of Hereford with personal knowledge of the
representations provided in City of Hereford'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
entity'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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
6. This Notice shall be sent to City of Hereford 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 D. Wells
District Director
Dallas District Office
South Central 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
3
Federal Communications Commission