Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) State of Florida ) File No.: EB-FIELDSCR-12-00003114 Registrant of Antenna Structure Nos. 1058422 and ) NOV No.: V201232600007 1238242 ) ) Miles City, FL ) NOTICE OF VIOLATION Released: July 11, 2012 By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules, 1 to State of Florida, registrant of antenna structure numbers 1058422 and 1238242 in Miles City, Florida. 2. On June 28, 2012, an agent of the Enforcement Bureau’s Miami Office inspected the site for the antenna structures located in Miles City, Florida and observed the following violations: a. 47 C.F.R. § 17.4(g): “The 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.” At the time of inspection, the Antenna Structure Registration Number was not readily visible at or near the base of antenna structure number 1238242. b. 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 owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.” The Commission’s Antenna Structure Registration database shows the status of antenna structure number 1058422 as “constructed,” but a State of 1 47 C.F.R. § 1.89. Federal Communications Commission Florida representative stated to an agent that the structure had been dismantled several years ago and replaced with antenna structure number 1238242. At the time of inspection, there was only one structure at the site. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission’s rules, State of Florida 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 State of Florida. 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 Miami Office P.O. Box 520617 Miami, FL 33152 4. This Notice shall be sent to by Certified Mail, Return Receipt Requested, and First Class Mail to State of Florida at its address of record. 5. The Privacy Act of 1974 3 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 Steven DeSena Resident Agent Miami Office South Central Region Enforcement Bureau 2 47 U.S.C. § 403. 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.