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Northwest Communications Cooperative, Williston, ND

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Released: September 12, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Northwest Communications Cooperative
) File No. EB-FIELDWR-12-00003966
Antenna Structure Registrant
)
ASR # 1273064
)
NOV No. V201232800055
Williston, ND 58801
)

NOTICE OF VIOLATION

Released:

September 12, 2012
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,1 to Northwest Communications Cooperative (NCC), registrant of antenna structure
# 1273064 by Williston, ND. Pursuant to Section 1.89(a) of the Commission’s 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 noted herein.2
2.
On August 7, 2012, an agent of the Enforcement Bureau’s Denver District Office
inspected ASR # 1273064, located at coordinates 48º 15’ 41.8” north latitude and 103º 55’ 38.5” west
longitude in Williston, ND, and observed the following violation:
a.
47 C.F.R. § 17.4(g): “Except as described in paragraph (h) of this section, 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.” The agent observed that the Antenna Structure
Registration Number was not displayed at the time of the inspection.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Commission's Rules, we seek additional information concerning the violations and any
remedial actions taken. Therefore, NCC 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Commission’s Rules, we direct NCC to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of NCC with personal knowledge of the representations provided in NCC’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 Northwest Communications Cooperative at its address of
record.
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


5 Section 1.16 of the Commission’s 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.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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