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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Maryland State Highway Administration ) File No.: EB-FIELDNER-14-00013891

   Owner of Antenna Structure No.1255454 ) NOV No.: V201432340007

   )

   Salisbury, Maryland )

   )

                              NOTICE OF VIOLATION

   Released: April 17, 2014

   By the District Director, Columbia Office, Northeast Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to the Maryland State Highway
       Administration ("MSHA"), owner of antenna structure number 1255454
       located in Salisbury, Maryland. 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 February 20, 2014, an agent of the Enforcement Bureau's Columbia
       Office inspected antenna structure number 1255454 located at 660 West
       Road, Salisbury, Maryland. 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." At the time
   of inspection, the Antenna Structure Registration Number was not posted.

    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 violation and any remedial actions taken.
       Therefore, MSHA 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 MSHA to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized official
       of the MSHA with personal knowledge of the representations provided in
       the MSHA'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 MSHA'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

   Columbia Office

   9200 Farm House Lane

   Columbia, Maryland 21046

    6. This Notice shall be sent to the MSHA 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

   Salomon Satche

   District Director

   Columbia District Office

   Northeast 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