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James Tilton, Oak Harbor, WA

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Released: March 29, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
James Tilton
) File No. EB-FIELDWR-13-00007494
)
Antenna Structure Registrant
)
)
ASR# 1053960
)
)
Oak Harbor, WA
)
NOV No. V201332980008

NOTICE OF VIOLATION

Released: March 29, 2013

By the Acting District Director, Seattle 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 James Tilton, registrant of antenna structure #1053960 in Oak Harbor,
WA. 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 March 21, 2013, an agent of the Enforcement Bureau’s Seattle Office inspected
antenna structure #1053960 in Oak Harbor, WA. The agent 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.” On March 21, 2013, the agent determined that the
displayed sign for antenna structure #1053960 was severely faded.


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 Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, James Tilton, 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 James Tilton to support their
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
James Tilton with personal knowledge of the representations provided in James Tilton’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:
Federal Communications Commission
Seattle District Office
11410 NE 122nd Way, Suite 312
Kirkland, Washington 98034
6.
This Notice shall be sent to James Tilton., at his address of record.


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

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
Acting District Director
Seattle District Office
Western Region
Enforcement Bureau


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

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