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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Vertical Real Estate, Inc. ) File No. EB-03-DT-
1203
ASR # 1062345 )
Lakeview, MI ) NOV No.
V20043236004
)
Attention: Rick Stucki )
NOTICE OF VIOLATION
Released: December
30, 2003
By the Enforcement Bureau: Detroit Office
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Vertical Real Estate, Inc.
2. On November 21, 2003, agents of the Commission's
Detroit Office inspected the antenna structure, with Antenna
Structure Registration (ASR) number 1062345 in Lakeview,
Michigan and observed the following violation:
2.a. 47 C.F.R. §17.57: ``The owner of an antenna
structure for which an Antenna Structure
Registration Number has been obtained ... must
... immediately notify the Commission using FCC
Form 854 upon any change ... in ownership
information.'' The FCC antenna registration
database continues to list the former owner of
the tower under the ownership information.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Vertical Real Estate, Inc. 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
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
company 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335-1552
4. This Notice shall be sent to Vertical Real Estate,
Inc., 6550 York Avenue South, Suite 412, Minneapolis, MN
55435, Attention: Rick Stucki.
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
James A. Bridgewater
District Director,
Detroit Office
JAB: PSM
_________________________
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.