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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Reit Management & Research LLC ) File No. EB-03-PA-
130
) EB-03-PA-131
Philadelphia, Pennsylvania )
) NOV No. V20033240002
Attention: John McCaffrey )
NOTICE OF VIOLATION
Released: August
19, 2003
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Reit
Management & Research LLC (``Reit'').
2. On July 22, 2003, an agent of the Commission's
Philadelphia Office inspected radio station WAD466 and the
roof-top antenna structure located at 1500 Market Street,
Philadelphia, Pennsylvania and observed the following
violations:
2.a. 47 C.F.R. § 1.948(a): ``Except as provided in
this section, authorizations in the Wireless
Radio Service may be assigned by the licensee
to another party, voluntarily or involuntarily,
directly or indirectly, or the control of a
licensee holding such authorizations may be
transferred only upon application to an
approval by the Commission.'' Reit failed to
file an application with the Commission to
assign the license for station WAD466 from
Centre Square Management to Reit Management &
Research LLC. Reit had acquired ownership of
the radio station equipment from Centre Square
Management in October 2002.
2.b. 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. This includes those structures
used as part of stations licensed by the
Commission for the transmission of radio
energy, or to be used as part of a cable
television head end system''. Reit failed to
register with the Commission the antenna
structure, which is located on the roof of 1500
Market Street, Philadelphia, Pennsylvania.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Reit Management & Research LLC, must submit a written
statement concerning this matter within 20 days of release
of this Notice. The response must fully explain each
violation, must contain a statement of the specific actions
taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending
corrective actions. The response must be complete in itself
and signed by a principal or officer of the licensee with
personal knowledge of the matter. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Reit Management & Research
LLC, Property Management Division, Building Management
Office, Centre Square, 1500 Market Street, Lower Mezzanine,
Philadelphia, Pennsylvania 19102.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
John E. Rahtes
District Director
Philadelphia Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.