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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
American Cellular Corporation ) File No. EB-05-NY-
221
Antenna Structure Registrant )
ASR # 1042252 ) NOV No.
V20063238002
Bellvale, New York )
)
)
5. NOTICE OF VIOLATION
Released: October
13, 2005
By the District Director, New York Office, Northeast Region,
Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to American Cellular
Corporation, registered owner of antenna structure 1042252.
On September 12, 2005, an agent of the Commission's New York
Office inspected antenna structure 1042252, located near Route
17A, Bellvale, NY 10912, and observed the following violation:
47 C.F.R. § 17.50: ``Antenna structures requiring
painting under this part shall be cleaned or
repainted as often as necessary to maintain good
visibility.'' At the time of the inspection, the
agent observed that the paint on the structure was
chipped and faded.
Pursuant to Section 403 of the Communications Act of 1934,
as amended,2 and Section 1.89 of the Commission's Rules, American
Cellular 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 American Cellular Corporation 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
This Notice shall be sent to American Cellular Corporation
at its address of record.
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
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.