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Pacific Bell Telephone Company, San Pedro, CA

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Released: May 9, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
Pacific Bell Telephone Company
) File No.: EB-FIELDWR-13-00008160
Antenna Structure Owner
San Pedro, California
) NOV No.: V201332900020


Released: May 9, 2013

By the District Director, Los Angeles Office, Western Region, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to Pacific Bell Telephone Company, owner of an antenna structure in San
Pedro, California. 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
April 2, 2013, an agent of the Enforcement Bureau’s Los Angeles Office inspected the
antenna structure located at approximately 33˚ 44’ 23” North Latitude, 118˚ 17’ 11” West Longitude, 425
West 5th Street, San Pedro, California, and observed the following violations:
47 C.F.R. § 17.7: “A notification to the Federal Aviation Administration is
required, except as set forth in § 17.14, for any of the following construction
or alteration: (a) Any construction or alteration of more than 60.96 meters
(200 feet) height above ground level at its site.” On April 2, 2013, the Los
Angeles agent measured the referenced antenna structure at approximately
210 feet in height above ground level and determined that no notification to
the Federal Aviation Administration indicating that height had been made.
47 C.F.R. § 17.4(a): “Effective July 1, 1996, the owner of any proposed or
existing antenna structure that requires notice of proposed construction to the
Federal Aviation Administration must register the structure with the
Commission.” On April 2, 2013, the Los Angeles agent measured the height

1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

of the referenced antenna structure at approximately 210 feet in height above
ground level, determined that the structure required notification to the
Federal Aviation Administration, and determined that it had not been
registered with the FCC.
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, Pacific Bell Telephone Company 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
In accordance with Section 1.16 of the Rules, we direct Pacific Bell Telephone Company
to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Pacific Bell Telephone Company with personal knowledge of the
representations provided in Pacific Bell Telephone Company’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
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 District Office
18000 Studebaker Road., #660
Cerritos, California 90703

3 47 U.S.C. § 403.
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.

Federal Communications Commission

This Notice shall be sent to Pacific Bell Telephone Company at its address of record.
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.
Charles A. Cooper
District Director
Los Angeles District Office
Western Region
Enforcement Bureau

7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

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