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Bohnsack Strategies, Inc, McMinnville, OR

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Released: May 2, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Bohnsack Strategies, Inc.
) File No. EB-FIELDWR-13-00008153
)
Antenna Structure Registrant
)
ASR# 1218045
)
McMinnville, Oregon
)
NOV No. V201332920011

NOTICE OF VIOLATION

Released: May 2, 2013

By the Resident Agent, Portland Resident Agent 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 Bohnsack Strategies, Inc., registrant of antenna structure #1218045 in
McMinnville, Oregon. 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 noted herein.2
2.
On April 15, 2013, in response to a complaint, an agent of the Enforcement Bureau’s
Portland Office inspected antenna structure #1218045 in McMinnville, Oregon. The agent observed the
following violations:
a. 47 C.F.R. § 17.4(g):” 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.” On
April 15, 2013, the agent determined there was no displayed sign for antenna structure
#1218045.
b. 47 C.F.R. § 17.50: “Antenna structures requiring painting under this part shall be
cleaned or repainted as often as necessary to maintain good visibility.” During
the inspection conducted on April 15, 2013, the agent observed that the white and
orange paint colors throughout the antenna structure were severely faded,
chipped and peeled.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission


c. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure height or change
in ownership information." The FCC's antenna structure registration database
currently lists the status of Antenna Structure #1218045 as “Granted” even
though the structure has been constructed.
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, Bohnsack, 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 Bohnsack to support their
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Bohnsack with personal knowledge of the representations provided in Bohnsack’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 regulatee’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:


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.
2

Federal Communications Commission

Federal Communications Commission
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6.
This Notice shall be sent to Bohnsack Strategies, Inc., 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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