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Lotus Bakersfield Corp., Bakersfield, CA

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Released: August 1, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Lotus Bakersfield Corp.
)
File No.: EB-FIELDWR-13-00009974
Owner of Antenna Structure No. 1009125
)
NOV No.: V201332900036
)
Bakersfield, California
)

NOTICE OF VIOLATION

Released: August 1, 2013

By the District Director, Los Angeles 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 Lotus Bakersfield Corp., registrant of antenna structure #1009125 in
Bakersfield, CA. 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 July 18, 2013, an agent of the Enforcement Bureau's Los Angeles Office inspected
antenna structure #1009125 in Bakersfield, CA. 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 July 18, 2013, the agent observed that the signage for
antenna structure 1009125 had deteriorated and that several numbers
were no longer legible. Also the signage was not visible from the
base of the antenna structure but had been affixed to a nearby storage
structure.
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, Lotus Bakersfield Corp. 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


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

Federal Communications Commission

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 Lotus Bakersfield Corp., to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Lotus Bakersfield Corp., with personal knowledge of the representations
provided in Lotus Bakersfield Corp.'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
Los Angeles Office
18000 Studebaker Rd., Suite #660
Cerritos, CA 90703
6.
This Notice shall be sent to Lotus Bakersfield Corp., 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
Charles A. Cooper
District Director
Los Angeles Office
Western Region
Enforcement Bureau


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

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