Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Logan County Board of Commissioners, Sterling, CO

Download Options

Released: May 23, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Logan County Board of Commissioners
) File No.: EB-FIELDWR-13-00008339
Registrant of Antenna Structure No. 1025568
)
Sterling, CO
)
NOV No.: V201332800055
)

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 Logan County Board of Commissioners (Logan County), registrant of
Antenna Structure Registration (ASR) number 1025568 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 ASR # 1025568 located on North Reiradon Hill, about 9.5 miles east of Sterling, 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,”...” The antenna
structure is required two flashing white lights at the mid-level. The agent
observed that two such lights were installed but one of them was
extinguished.
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, Logan County 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


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

Federal Communications Commission

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 Logan County to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Logan County with personal knowledge of the representations provided in Logan
County’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 the Logan County Board of Commissioners 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

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.