Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   The State of Rhode Island ) File No. EB-FIELDNER-14-00015015


   Registrant of ASR # 1245978 ) NOV No. V201432260004

   Johnston, Rhode Island  )




                              NOTICE OF VIOLATION

   Released: April 22, 2014

   By the District Director, Boston Office, Northeast  Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to the State of Rhode Island, owner
       of antenna structure number 1245978 (Antenna Structure) in Johnston,
       Rhode Island. 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 April 3, 2014, an agent of the Enforcement Bureau's Boston  Office
       inspected the Antenna Structure located at 1516 Atwood Avenue,
       Johnston, Rhode Island, and observed the following violations:

     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." At the time of inspection,
        there was no antenna structure registration number visible near the
        base of the antenna structure.

     b. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified."   The
        antenna structure registration for antenna structure #1245978
        requires a top flashing beacon and at least two steady burning lights
        at the mid-level. At the time of the inspection, the agent observed
        that the top flashing beacon and one of the two steady burning lights
        at the mid-level were extinguished.

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

   Boston  Office

   1 Batterymarch Park Ste 102

   Quincy, MA, 02169

    6. This Notice shall be sent to the State of Rhode Island 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.


   Dennis Loria

   District Director

   Boston 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 Commission's 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


                       Federal Communications Commission