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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Patriot Communication Services Inc. ) File No.: EB-FIELDSCR-14-00015102
Owner of Antenna Structure No. 1037282 )
) NOV No.: V201432560008
Peculiar, MO )
)
NOTICE OF VIOLATION
Released: April 23, 2014
By the District Director, Kansas City 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 Patriot Communication Services
Inc., owner of antenna structure number 1037282 in Peculiar, MO.
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 February 11, 2014, an agent of the Enforcement Bureau's Kansas City
Office investigated a complaint regarding an lighting outage on
antenna structure number 1037282 located at Route J 2.72 miles North
of Peculiar, Missouri, and determined the following violation(s):
a. 47 C.F.R. S 17.48(a): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a) Shall report immediately
by telephone or telegraph to the nearest Flight Service Station or
office of the Federal Aviation Administration any observed or
otherwise known extinguishment or improper functioning of any top
steady burning light or any flashing obstruction light, regardless of
its position on the antenna structure, not corrected within 30
minutes Federal Aviation Administration (FAA) any observed or
otherwise known extinguishment or improper functioning of any top
steady burning light or any flashing obstruction light, regardless of
its position on the antenna structure, not corrected and the name,
title, address, and telephone number of the person making the report.
Further notification by telephone or telegraph shall be given
immediately upon resumption of normal operation of the light or
lights." Patriot Communication Services Inc. was informed of the
light outage on antenna structure 1037282 on February 11, 2014 at
approximately 10:12 A.M. E.S.T. According to the FAA webpage, Patriot
Communication Services Inc. did not notify the FAA of the outage
until 3:31 P.M. E.S.T. on February 11, 2014.
b. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part must maintain a record of any
observed or otherwise known extinguishment or improper functioning of
a structure light and include the following information for each such
event: (a) The nature of such extinguishment or improper functioning.
(b) The date and time the extinguishment or improper operation was
observed or otherwise noted. (c) Date and time of FAA notification,
if applicable. (d) The date, time and nature of adjustments, repairs,
or replacements made." In the response to a Letter of Inquiry,
Patriot Communication Services Inc. admitted that it did not keep
records or a log of extinguished or improper functioning lights.
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, Patriot Communication Services Inc. 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 Patriot
Communication Services Inc. to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Patriot Communication Services Inc.
with personal knowledge of the representations provided in Patriot
Communication Services Inc.'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 company'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
Kansas City Office
520 NE Colbern Road, 2^nd Floor
Lee's Summit, MO 64086
6. This Notice shall be sent to Patriot Communication Services Inc. 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
Ronald D. Ramage
District Director
Kansas City 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
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Federal Communications Commission