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Daytona State College, DeBary, FL

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Released: February 8, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Daytona State College
) File No. EB-FIELDSCR-13-00006281
Owner of Antenna Structure No. 1030556
) NOV No. V201332700004
)
DeBary, Florida
)

NOTICE OF VIOLATION

Released: February 8, 2013

By the District Director, Tampa 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 Daytona State College, owner of antenna structure number
1030556, in DeBary, Florida. 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.2
2.
On January 16, 2013, agents of the Commission’s Tampa Office inspected
antenna structure number 1030556, located in DeBary, Florida and observed the following
violation(s):
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. Material 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.” The Antenna Structure Registration Number was not
posted.
b.
47 C.F.R.§17.47(a): “The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: (a)(1) Shall make an
observation of the antenna structure’s lights at least once each 24
hours either visually or by observing an automatic properly
maintained indicator designed to register any failure of such lights, to
insure that all such lights are functioning properly as required; or
alternatively, (2) Shall provide and properly maintain an automatic
alarm system designed to detect any failure of such lights and to
provide indication of such failure to the owner.” At the time of the


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

Federal Communications Commission

inspection, Daytona State College’s representative told the agents
that the lights on antenna structure number 1030556 were not
visually monitored and that there was no automatic alarm system.
c.
47 C.F.R. § 17.57: “The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure
height or change in ownership information.” Although Daytona
Beach Community College changed its name to Daytona State
College, the Commission’s Antenna Structure Registration database
listed Daytona Beach Community College as antenna structure
number 1030556’s current owner. Moreover, the contact name and
number in the database was outdated.
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 Daytona State College 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 Daytona State College to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed
and dated by an authorized officer of Daytona State College, with personal knowledge of the
representations provided in Daytona State College’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 licensee’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
Tampa Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, Florida, 33607
6.
This Notice shall be sent Daytona State College 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
Ralph M. Barlow
District Director
Tampa District Office
South Central Region


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

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