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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tiner Tower, LLC ) File No. EB-06-DL-157
)
Owner of Antenna structure # 1019417 ) NOV No. V20073250003
Sprayberry, Texas )
)
NOTICE OF VIOLATION
Released: November 1, 2006
By the District Director, Dallas 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 to Tiner Tower, LLC, owner of antenna
structure # 1019417 located near Sprayberry, Texas.
2. On September 25, 2006, an agent of the Commission's Dallas Office
inspected the antenna structure referenced above, and observed the
following violation:
A. 47 C.F.R. S 1.65: "Each applicant is responsible for the continuing
accuracy and completeness of information furnished in a pending
application or in Commission proceedings involving a pending
application. ... ". An inspection of the antenna structure referenced
above revealed that the location of the structure designated by the
latitude and longitude is incorrect. The observed geographical
coordinates for the tower were approximately 31DEG 51' 58" North,
101DEG 48' 54" West; whereas, the Antenna Structure Registration
listed the coordinates as 31DEG 51' 09" North, 101DEG 48' 19" West.
The antenna structure was thus located approximately 1.1 miles from
the authorized coordinates.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Tiner Tower, LLC,
must submit a written statement concerning this matter within twenty
(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 signed by a principal or
officer of Tiner Tower, LLC. 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
Dallas Office
9330 LBJ Fwy, Suite 1170
Dallas, Texas 75243
4. This Notice shall be sent to Tiner Tower, LLC at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission