Federal Communications Commission	




Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of	)
	)
Steckline Communications, Inc.	)
Antenna Structure Registrant	)	File No. EB-FIELDSCR-19-00028448
ASR Nos. 1246959 and 1052490	)
	)
	)
	)
Guymon, Oklahoma	)


NOTICE OF VIOLATION
	Released:  March 4, 2019

By the Regional Director, Region Two, Enforcement Bureau:


1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 47 CFR § 1.89.

 to Steckline Communications, Inc., owner of two antenna structures registered under Antenna Structure Registration (ASR) Nos.  1246959 and 1052490 in Guymon, Oklahoma.  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. 47 CFR § 1.89(a).



2. On January 28, 2019, Agent of the Enforcement Bureau’s Dallas Office investigated and found the following violations:

a. 47 C.F.R. § 17.48: “The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a) Shall report immediately to the FAA, by means acceptable to the FAA, any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30 minutes. If the lights cannot be repaired within the FAA's Notices to Airmen (NOTAM) period, the owner shall notify the FAA to extend the outage date and report a return-to-service date.”   ASR Nos. 1246959 and 1052490 each require top-level flashing red beacons at the top of the antenna structures.  At the time of inspection, the top-level flashing red beacons on the antenna structures registered under ASR Nos. 1246959 and 1052490 were extinguished.  On February 12, 2019, the Agent called the FAA and verified that no NOTAM was issued for either antenna structure.


3. Pursuant to Section 403 of the Communications Act of 1934, as amended, 47 U.S.C. § 403.
 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken.  Therefore, Steckline Communications, Inc., 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 timeline 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. 47 CFR § 1.89(c).
  

4. In accordance with Section 1.16 of the Rules, we direct Steckline Communications, Inc. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Steckline Communications, Inc. with personal knowledge of the representations provided in Steckline Communications, Inc.’s response, verifying the truth and accuracy of the information therein, 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 CFR § 1.16.
 and confirming that all of the information requested by this Notice which is in Steckline Communications, Inc.’s possession, custody, control, or knowledge has been produced. 18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
   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. 

5. All replies and documentation sent in response to this Notice should be marked with the File No. specified above, and mailed and emailed to the following address:

Federal Communications Commission
Atlanta Regional Office
P.O. Box 1493
Powder Springs, GA 30127
FIELD@FCC.GOV

6. This Notice shall be sent to Steckline Communications, Inc.at its address of record and to its counsel, James P. Riley, Fletcher, Heald and Hildreth, 1300 17th Street, 11th Floor, Arlington, VA 22209.

7. The Privacy Act of 1974 5 U.S.C. § 552a(e)(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.  







FEDERAL COMMUNICATIONS COMMISSION
						       
						       


Ronald Ramage
Regional Director, Region Two
Enforcement Bureau


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