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Industrial Communications & Electronics, Inc., Sterling, CO

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Released: May 23, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Industrial Communications & Electronics, Inc.
) File No.: EB-FIELDWR-13-00008364
Registrant of Antenna Structure No. 1023765
)

Sterling, CO
)
NOV No.: V201332800053
)

NOTICE OF VIOLATION

Released:

May 23, 2013
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 (Rules)1 to Industrial Communications & Electronics, Inc. (ICEI), registrant of
antenna structure number 1023765 by Sterling, CO. 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 29, 2013, an agent of the Enforcement Bureau’s Denver District Office
inspected antenna structure # 1023765 located at the coordinates 40 º 26’ 27.0” north latitude and 103 º
01’ 40.0” west longitude, and observed the following violation:
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.” The agent observed that the
materials used to display the antenna structure number were peeling off,
leaving the number barely legible.
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, ICEI 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.

Federal Communications Commission

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 ICEI to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of ICEI with personal knowledge of the representations provided in ICEI’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 Industrial Communications & Electronics, Inc., at its address
of record.


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

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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