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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Independent Wireless One Corporation )
) File No. EB-05-BF-
201
Registrant of Antenna Structure )
ASR No. 1228460 ) NOV No.
V20053228035
Port Byron, New York )
NOTICE OF VIOLATION
Released: September
20, 2005
By the Resident Agent, Buffalo Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules1 to
Independent Wireless One Corporation.
2. On August 17, 2005, an agent of the Commission's
Buffalo Office inspected antenna structure 1228460 located
at 8179 Chapman Road., Port Byron, New York, and observed
the following violation:
47 C.F.R. § 17.4(g): ``The Antenna Structure
Registration Number must be displayed in a
conspicuous place so that it is readily visible near
the base of the antenna structure.'' At the time of
the inspection, no Antenna Structure Registration
Number was visible at the base of the tower.
3. Pursuant to Section 403 of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Independent Wireless One Corporation must submit a
written statement concerning this matter within twenty (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 Independent Wireless One Corporation. 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
Buffalo Office
1307 Federal Building
Buffalo, New York 14202
4. This Notice shall be sent to Independent Wireless One
Corporation at its address of record.
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
Gene J. Stanbro
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 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.