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	)
Key Communications, Inc.	)                    File No.:  EB-FIELDWR-14-00016010 Owner of Antenna Structure No. 1243944	)                    NOV No.:  V201432940048
Las Cruces, NM	)


	    Released:  June 19, 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 the Key Communications, Inc. (Key Communications), owner of antenna structure #1243944 in Las Cruces, NM.  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 May 28, 2014, an agent of the Enforcement Bureau's San Diego Office inspected antenna structure #1243944 located at coordinates 32⁰ 16' 11.4" north and 106⁰ 52' 21.3" west in Las Cruces, NM,  and observed the following violations:

* 47 C.F.R. § 17.4(g):  "[T]he 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."  The agent observed that the antenna structure registration number was not displayed.

* 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. 1243944 in the Commission's antenna structure registration (ASR) database is listed as granted, but the agent observed that the antenna structure has been constructed.  

* 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, Key Communications 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 Key Communications to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Key Communications with personal knowledge of the representations provided in Key Communications' 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 Street, Suite 370
San Diego, CA  92111

* This Notice shall be sent to the Key Communications, Inc., 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.  


James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau