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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
InSite Towers, LLC ) File No.:
EB-FIELDWR-14-00016477 Owner of Antenna Structure No. 1216366 )
NOV No.: V201432940052
)
Las Cruces, NM )
NOTICE OF VIOLATION
Released: July 17, 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 InSite Towers, LLC
(InSite Towers), owner of antenna structure #1216366 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 #1216366 located in Las Cruces, NM, and
observed the following violations:
* 47 C.F.R. ยง 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.
* 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, InSite Towers
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 InSite Towers
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
InSite Towers with personal knowledge of the representations provided
in InSite Towers' 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 InSite Towers, LLC, 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