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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ralph McBride ) File No. EB-FIELDSCR-14-00015023
Owner of Antenna Structure No. 1058494 )
) NOV No. V201432540008
Beaumont, Texas )
)
)
)
NOTICE OF VIOLATION
Released: April 15, 2014
By the Resident Agent, Houston 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 Ralph McBride, owner of antenna
structure number 1058494 located in Beaumont, 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 April 8, 2014, agents of the Enforcement Bureau's Houston Office
inspected antenna structure number 1058494 located in Beaumont, Texas,
and observed the following violation:
a. 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 also must
immediately notify the Commission using FCC Form 854 upon any changes
in Structure height or change in ownership information." The agents
inspected the geographic coordinates listed as the location of
antenna structure number 1058494 and did not observe any structure at
this location. Additionally, there is no record that any notice has
been filed with the Commission indicating dismantlement of this
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, Ralph McBride 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 Ralph McBride
to support his response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated, verifying the
truth and accuracy of the information therein,^ and confirming that
all of the information requested by this Notice which is in Ralph
McBride'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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
6. This Notice shall be sent to the Ralph McBride at his 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
Stephen P. Lee
Resident Agent
Houston 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