Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Pacific Bell Telephone Company ) File No.: EB-FIELDWR-13-00008160 Antenna Structure Owner ) San Pedro, California ) NOV No.: V201332900020 ) ) ) NOTICE OF VIOLATION Released: May 9, 2013 By the District Director, Los Angeles Office, Western 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 Pacific Bell Telephone Company, owner of an antenna structure in San Pedro, California. 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 violation(s) noted herein.2 2. April 2, 2013, an agent of the Enforcement Bureau’s Los Angeles Office inspected the antenna structure located at approximately 33? 44’ 23” North Latitude, 118? 17’ 11” West Longitude, 425 West 5th Street, San Pedro, California, and observed the following violations: a. 47 C.F.R. § 17.7: “A notification to the Federal Aviation Administration is required, except as set forth in § 17.14, for any of the following construction or alteration: (a) Any construction or alteration of more than 60.96 meters (200 feet) height above ground level at its site.” On April 2, 2013, the Los Angeles agent measured the referenced antenna structure at approximately 210 feet in height above ground level and determined that no notification to the Federal Aviation Administration indicating that height had been made. b. 47 C.F.R. § 17.4(a): “Effective July 1, 1996, the owner of any proposed or existing antenna structure that requires notice of proposed construction to the Federal Aviation Administration must register the structure with the Commission.” On April 2, 2013, the Los Angeles agent measured the height 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 of the referenced antenna structure at approximately 210 feet in height above ground level, determined that the structure required notification to the Federal Aviation Administration, and determined that it had not been registered with the FCC. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Pacific Bell Telephone Company 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.4 4. In accordance with Section 1.16 of the Rules, we direct Pacific Bell Telephone Company to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Pacific Bell Telephone Company with personal knowledge of the representations provided in Pacific Bell Telephone Company’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 5. 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 Los Angeles District Office 18000 Studebaker Road., #660 Cerritos, California 90703 3 47 U.S.C. § 403. 4 47 C.F.R. § 1.89(c). 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. Federal Communications Commission 3 6. This Notice shall be sent to Pacific Bell Telephone Company at its address of record. 7. 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. FEDERAL COMMUNICATIONS COMMISSION Charles A. Cooper District Director Los Angeles District Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).