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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
American Towers, Inc. ) File No. EB-05-NY-
228
Antenna Structure Registrant
ASR # 1220241 ) NOV No.
V20063238004
Middletown, 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 Towers,
Inc., registered owner of antenna structure 1220241.
On September 14, 2005, agents of the Commission's New York
Office inspected antenna structure 1220241, located near 750
Kirby Town Road, Middletown, New York 10940, and observed the
following violation:
47 C.F.R. § 17.4(g): ``[T]he 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
inspection, antenna structure registration (ASR) #
1061119 was posted at the base of the structure.
According to FCC records, ASR # 1061119 was
terminated in 2001 and American Towers, Inc. was
assigned ASR # 1220241 for the tower located at 750
Kirby Road, Middletown, New York.
Pursuant to Section 403 of the Communications Act of 1934,
as amended,2 and Section 1.89 of the Commission's Rules, American
Towers, Inc., 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 Towers, Inc. 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 Towers, Inc. 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.