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Kansas Broadband Internet, Inc., Lawrence, KS

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Released: January 30, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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Kansas Broadband Internet, Inc.
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File Number: EB-FIELDSCR-12-00006167
Owner of Antenna Structure No. 1214015
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NOV Number: V201332560012
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Lawrence, KS
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NOTICE OF VIOLATION

Released: January 30, 2013
By the District Director, Kansas City 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 Kansas Broadband Internet, Inc., owner of antenna structure
number 1214015, located at 1031 E 1200 Rd., Lawrence, Kansas. 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 17, 2013, an agent of the Commission's Kansas City Office observed
the following violation(s):
a.
47 C.F.R. 17.57: "The owner [of an antenna structure] must also immediately
notify the Commission using FCC Form 854 upon any change in structure
height or change in ownership information." Kansas Broadband Internet, Inc.
acquired antenna structure number 1214015 on March 1, 2010. At the time of
the inspection, Kansas Broadband Internet, Inc. was not listed as the owner of
the structure in the Commission's Antenna Structure Registration database.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Commission's Rules, Kansas Broadband Internet, Inc. must submit a written
statement concerning this matter within twenty (20) days of release of this Notice. The response
must (i) 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).


147 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).
347 U.S.C. 403.

Federal Communications Commission

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 Kansas Broadband
Internet, Inc. to support its response to this Notice with an affidavit or declaration under penalty
of perjury, signed and dated by an authorized officer of Kansas Broadband Internet, Inc. with
personal knowledge of the representations provided in Kansas Broadband Internet, Inc.'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 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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
5.
This Notice shall be sent to Kansas Broadband Internet, 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

6.
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. Any false
statement made knowingly and willfully in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.8
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
District Director
Kansas City Office
South Central Region
Enforcement Bureau


7P.L. 93-579, 5 U.S.C. 552a(e)(3).
818 U.S.C. 1001 et seq.
3

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