Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CellTex Site Services ) File No.: EB-FIELDSCR-13-00008665 ) Owner of Antenna Structure No.: 1253141 ) NOV No.: V201332540010 ) La Vernia, Texas ) ) NOTICE OF VIOLATION Released: May 22, 2013 By the Resident Agent, Houston 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 (Rules)1 to CellTex Site Services, owner of antenna structure number 1253141 in La Vernia, Texas. 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. On May 13, 2013, an agent of the Enforcement Bureau’s Houston Office inspected an antenna structure located in La Vernia, Texas, and observed the following violation: a. 47 C.F.R. 17.4(g): “Except as described in paragraph (h) of this section, 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 only Antenna Structure Registration Number observed was 1241373. However, this was the incorrect number for the antenna structure observed at this location. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 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, CellTex Site Services 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 CellTex Site Services to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of CellTex Site Services with personal knowledge of the representations provided in CellTex Site Services’ 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 CellTex Site Services’ 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 Houston Office 9597 Jones Road, #362 Houston, Texas 77065 6. This Notice shall be sent to CellTex Site Services at its address of record. 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 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 Stephen P. Lee Resident Agent Houston Office South Central Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).