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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State of New York ) File No. EB-06-NY-243
)
Registrant of Antenna Structure 1239609 ) NOV No. V20073238010
ASR # 1005991 )
Amagansett, New York )
NOTICE OF VIOLATION
Released: December 15, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to State of New York, owner of antenna
structure 1005991 in Amagansett, New York.
2. On November 2, 2006, an agent of the Commission's New York Office
inspected antenna structure 1005991, located at Napeague Road,
Amagansett, NY 11930, and observed the following violations:
a. 47 C.F.R. S 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 Antenna Structure 1005991.
b. 47 C.F.R. S 17.57: "The owner must . . . immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information." The State of New York failed to
notify the Commission that the phone number and address listed in the
FCC's ASR database for Antenna Structure 1005991 have changed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, State of New York 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
State of New York 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
4. This Notice shall be sent to State of New York at its address of
record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission