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Milwaukee SMSA Limited Partnership, Edgewood, MD

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Released: May 30, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Milwaukee SMSA Limited Partnership
) File No.: EB-FIELDNER-13-00008047
Owner of Antenna
) NOV No.: V201332340007
Structure No. 1264265
)
)
Edgewood, Maryland
)

NOTICE OF VIOLATION

Released: May 30, 2013

By the District Director, Columbia Office, Northeast 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 Milwaukee SMSA Limited Partnership, owner of antenna structure
number 1264265 in Edgewood, Maryland. 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 17, 2013, an agent of the Enforcement Bureau’s Columbia Office inspected
antenna structure number 1264265 located at 2104 Trimble Road in Edgewood, Maryland, and observed
the following violation:
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.” At the time of inspection, the Antenna Structure Registration Number
was not posted.
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, Milwaukee SMSA Limited Partnership 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


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

Federal Communications Commission

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 MILWAUKEE SMSA LIMITED
PARTNERSHIP to support its response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by an authorized officer of MILWAUKEE SMSA LIMITED PARTNERSHIP
with personal knowledge of the representations provided in MILWAUKEE SMSA LIMITED
PARTNERSHIP’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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6.
This Notice shall be sent to Milwaukee SMSA Limited Partnership 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

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
Salomon Satche
District Director
Columbia District Office
Northeast Region
Enforcement Bureau


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

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