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Gold Creek Cellular of Montana Limited Partnership, Cut Bank, MT

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Released: September 13, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Gold Creek Cellular of Montana
) File No. EB-FIELDWR-12-00004066
Limited Partnership
)
Antenna Structure Registrant
)
ASR # 1003783
)
NOV No. V201232800059
Cut Bank, MT 59454
)
)

NOTICE OF VIOLATION

Released:

September 13, 2012
By the District Director, Denver District Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s Rules,1 to Gold Creek Cellular of Montana Limited Partnership (Gold Creek), registrant of
antenna structure # 1003783 by Cut Bank, MT. Pursuant to Section 1.89(a) of the Commission’s 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 noted herein.2
2.
On August 9, 2012, an agent of the Enforcement Bureau’s Denver District Office
inspected antenna structure # 1003783 located at 48° 47’ 21.0” north latitude and 112° 02’ 36.0” west
longitude (approximately 7.7 miles southwest of Sunburst, MT), and observed the following violation:
a.
47 C.F.R. § 17.23: “Unless otherwise specified by the Commission, each
new or altered antenna structure to be registered on or after January 1, 1996,
must conform to the FAA’s painting and lighting recommendations set forth
on the structure’s FAA determination of “no hazard,” as referenced in the
FAA Advisory Circulars…” The Antenna Structure Registration for antenna
structure # 1003783 requires medium intensity dual lights in accordance with
FAA Circular Number 70/7460-1K, Chapters 4, 8, and 12. During the
daytime inspection on August 9, 2012, the agent observed that the red lights
were on and the white lights were off. Subsequent to the inspection, a Gold
Creek employee informed the agent that equipment had failed and, as a
result, the red lights were on continually on and the white lights were off
continually.


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

Federal Communications Commission

3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Commission's Rules, we seek additional information concerning the violations and any
remedial actions taken. Therefore, Gold Creek 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 Commission’s Rules, we direct Gold Creek to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Gold Creek with personal knowledge of the representations provided in
Gold Creek’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:
Federal Communications Commission
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
6.
This Notice shall be sent to Gold Creek Cellular of Montana Limited Partnership at its
address of record.


3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s 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

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
Nikki P. Shears
District Director
Denver District Office
Western Region
Enforcement Bureau


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

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