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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )


   GB Enterprises Communications, Corp. ) File No.: EB-FIELDSCR-14-00017117

   Owner of Antenna Structure No. 1241558 ) NOV No.: V201432700005


   Winter Haven, Florida )



   Released: September 18, 2014

   By the District Director, Tampa Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)  ^ to GB Enterprises Communications,
       Corp. (GB Enterprises), owner of antenna structure number 1241558 in
       Winter Haven, Florida. 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 August 12, 2014, in response to a complaint from a helicopter pilot
       of a light outage, Commission employees unsuccessfully attempted to
       contact GB Enterprises. On the same day, they contacted the Federal
       Aviation Administration and found no active Notice to Airmen (NOTAM)
       in place. The FAA then issued a NOTAM for antenna structure number

    3. On August 22, 2014, agents of the Enforcement Bureau's Tampa Office
       inspected antenna structure number 1241558 and observed the following

     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 [s]hall 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. Such reports shall set forth the condition of the light or
        lights, the circumstances which caused the failure, the probable date
        for restoration of service, the FCC Antenna Structure Registration
        Number, the height of the structure (AGL and AMSL if known) and the
        name, title, address, and telephone number of the person making the
        report." At the time of inspection, the agents verified the light
        outage and that GB Enterprises had not reported the outage to the
        FAA. GB Enterprises informed the agents on August 18, 2014 that it
        was aware of the light outage, as the power had been disconnected due
        to non-payment.

     b. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." During
        the inspection, the agent observed that there was no electricity
        going to the antenna structure.

     c. 47 C.F.R. S 17.57: "The owner must also immediately notify the
        Commission using FCC Form 854 upon any change in structure height or
        change in ownership information." GB Enterprises failed to notify the
        Commission of a change in contact information for the structure.

    4. 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, GB Enterprises Communications, Corp., 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.^

    5. In accordance with Section 1.16 of the Rules, we direct GB
       Enterprises, to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of GB Enterprises Communications, Corp., with
       personal knowledge of the representations provided in GB Enterprises'
       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.^

    6. 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

   Tampa District Office

   4010 W. Boy Scout Blvd., Suite 425

   Tampa, Florida 33607-5744

    7. This Notice shall be sent to GB Enterprises Communications, Corp., at
       its address of record.

    8. 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.


   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   ^ 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



   Federal Communications Commission