Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Rubye Neely ) File No.: EB-FIELDSCR-13-00008394 ) Owner of Antenna Structure No. 1064344 ) NOV No.: V201332620020 ) De Kalb, Mississippi ) ) NOTICE OF VIOLATION Released: July 1, 2013 By the Deputy Regional Director, 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 Rubye Neely, owner of antenna structure number 1064344 in De Kalb, Mississippi.2 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(s) noted herein.3 2. On May 1, 2013, an agent of the Commission’s New Orleans Office inspected antenna structure number 1064344 located in De Kalb, Mississippi and observed the following violation(s): a. 47 C.F.R. § 17.51: “All red obstruction lighting shall be exhibited from sunset to sunrise unless otherwise specified.” At the time of inspection, none of the red obstruction lighting on antenna structure number 1064344 was lit after sunset. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore Ms. Neely must submit a written statement concerning this matter within ten (10) calendar 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 1 47 C.F.R. § 1.89. 2 This antenna structure is owned by four individuals. Separate Notices of Violation are being issued to each individual owner. 3 47 C.F.R. § 1.89(a). 4 47 U.S.C. § 403. Federal Communications Commission 2 must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.5 4. In accordance with Section 1.16 of the Rules, we direct Ms. Neely to support her response to this Notice with a signed affidavit or declaration under penalty of perjury, verifying the truth and accuracy of the information therein,6 and confirming that all of the information requested by this Notice which is in Ms. Neely’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.7 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 New Orleans Office 2424 Edenborn Ave., Suite 460 Metairie, Louisiana 70001 6. This Notice shall be sent via certified, return receipt requested, and first class mail to Rubye Neely at her address of record. 7. The Privacy Act of 19748 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 Loyd Perry Deputy Regional Director South Central Region Enforcement Bureau 5 47 C.F.R. § 1.89(c). 6 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. 7 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 8 P.L. 93-579, 5 U.S.C. § 552a(e)(3).