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Telecom Network Inc., Atlanta, GA

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Released: November 21, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Telecom Network Inc.
)
File No.: EB-FIELDSCR-13-00012009
Licensee of Station WPNQ680
)
)
NOV No.: V201432480002
)
Atlanta, GA
)

NOTICE OF VIOLATION

Released: November 21, 2013

By the District Director, Atlanta 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 Telecom Network Inc. (Telecom), licensee of radio station WPNQ680 in
Atlanta, Georgia. 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(s) noted herein.2
2.
On October 31, 2013, an agent of the Enforcement Bureau’s Atlanta Office inspected
radio station WPNQ680, and observed the following violation(s):
a.
47 C.F.R. § 1.903(a): “Stations in the Wireless Radio Services must be used
and operated only in accordance with the rules applicable to their particular
service as set forth in this title and with a valid authorization granted by the
Commission…” Telecom’s license for station WPNQ680 authorizes it to
operate from 2 Peachtree St NW, Atlanta, Georgia. At the time of the
inspection, Telecom was operating a trunk relay station on an authorized
frequency from an unauthorized location at 133 Peachtree St. NW, Atlanta,
Georgia.
3.
Pursuant to Section 308(b) 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, Telecom 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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).

Federal Communications Commission

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 Telecom to support its response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Telecom with personal knowledge of the representations provided in Telecom’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 Telecom’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
Atlanta Office
3575 Koger Blvd, Ste 320
Duluth, GA 30096
6.
This Notice shall be sent to Telecom 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
Douglas Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau


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

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