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Waldec Enterprises, Inc., Anchorage, AK

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Released: January 28, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Waldec Enterprises, Inc.
) File No. EB-FIELDWR-13-00006013
Antenna Structure Registrant
)
ASR #1253674
)
NOV No. V201332780007
Anchorage, Alaska
)
)

NOTICE OF VIOLATION

Released: January 28, 2013

By the Resident Agent, Anchorage Resident Agent 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 Waldec Enterprises, Inc., registrant of antenna structure # 1253674 in
Anchorage, Alaska. 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 January 4 and 7, 2013, an agent of the Enforcement Bureau's Anchorage Resident
Agent Office inspected antenna structure #1253674 located at the corner of DeBarr Road and Boniface
Pkwy in Anchorage, Alaska, and observed the following violation:
a. 47 C.F.R. Section 17.51(a): "All red obstruction lighting shall be
exhibited from sunset to sunrise unless otherwise specified." At the
time of the inspection, the agent did not observe the required red
obstruction lights at the mid-level during nighttime hours.
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, Waldec Enterprises, Inc., 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 Rules, we direct Waldec Enterprises, Inc. to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Waldec Enterprises, Inc. with personal knowledge of the representations
provided in Waldec Enterprises, Inc. 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
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska 99523-1949
6.
This Notice shall be sent to Waldec Enterprises, Inc. 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
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau


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.
7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
2

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