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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Castle Tower Corporation ) File No.: EB-FIELDWR-14-00015088
Owner of Antenna Structure No. 1022470 ) NOV No.: V201432940038
)
Artesia, NM )
NOTICE OF VIOLATION
Released: May 1, 2014
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Castle Tower Corporation (Castle Tower), registrant of Antenna Structure No. 1022470 in Artesia, New Mexico. 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.
* On February 25, 2014, an agent of the Enforcement Bureau's San Diego Office inspected Antenna Structure No. 1022470 located at the coordinates 32⁰ 47' 39" north and 104⁰ 12' 32" west, in Artesia, New Mexico, and observed the following violation:
+ 47 C.F.R. § 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 status of Antenna Structure No. 1022470 in the Commission's antenna structure registration (ASR) database is listed as constructed, but the agent observed that no antenna structure existed at the coordinates listed in the database.
* 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, Castle Tower 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.
* In accordance with Section 1.16 of the Rules, we direct Castle Tower to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Castle Tower with personal knowledge of the representations provided in Castle Tower'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 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.
* 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
San Diego Office
4542 Ruffner St., Suite 370
San Diego, CA 92111
* This Notice shall be sent to Castle Tower Corporation, at its address of record.
* 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 T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau