Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) County of Carroll ) File No. EB-FIELDNER-12-00005330 Owner of Antenna Structure No. 1041995 ) Westminster, MD ) NOV No. V201332340001 ) NOTICE OF VIOLATION Released: November 21, 2012 By the District Director, Columbia Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules)1 to the County of Carroll, owner of antenna structure number 1041995 in Westminster, Maryland. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation noted herein.2 2. On November 14, 2012, an agent of the Enforcement Bureau’s Columbia Office inspected antenna structure number 1041995, located at the Clearwater Reservoir Property in Westminster, Maryland, and observed the following violation: 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. Material 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 incorrectly displayed with inverted and missing numbers from the sign. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, the County of Carroll 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 must not be abbreviated by reference to other communications or answers to other notices. 4 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 403. 4 47 C.F.R. § 1.89(c). Federal Communications Commission 2 4. In accordance with Section 1.16 of the Rules, we direct the County of Carroll to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of the County of Carroll with personal knowledge of the representations provided in the County of Carroll’s response, verifying the truth and accuracy of the information therein,5 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.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 Columbia Office 9200 Farm House Lane Columbia, Maryland 21046 5. This Notice shall be sent to by Certified Mail, Return Receipt Requested, and First Class Mail to the County of Carroll at its address of record. 6. The Privacy Act of 19747 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.8 FEDERAL COMMUNICATIONS COMMISSION Salomon Satche District Director Columbia Office Northeast Region Enforcement Bureau 5 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. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 8 18 U.S.C. § 1001 et seq.