Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Intermountain Health Care ) File No. EB-09-DV-0091 Antenna Structure Registrant ) ASR No. 1214837 ) Ogden, Utah ) NOV No. V201032800008 NOTICE OF VIOLATION Released: December 2, 2009 By the District Director, Denver District Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules,1 to Intermountain Health Care ("Intermountain"), registrant of antenna structure #1214837 in Ogden, Utah. 2. On September 21, 2009, at approximately 5:40 p.m., MDT, agents of the Enforcement Bureau's Denver District Office inspected antenna structure #1214837, located at 4401 Harrison Boulevard, in Ogden, Utah, and observed the following violation: a. 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)." Based on the agents' review of the FCC's Antenna Structure Registration records which reflect a status of "Granted," Intermountain failed to notify the Commission that the antenna structure, ASR #1214837, had been constructed. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Intermountain must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of Intermountain. 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: 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 Federal Communications Commission Denver District Office 215 S. Wadsworth Blvd., Suite 303 Lakewood, Colorado 80226 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to Intermountain Health Care at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Nikki P. Shears District Director Denver District Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.