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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New York City Fire Department ) File No. EB-07-NY-099
DBA Bureau of Fire Communication )
)
Registrant of Antenna Structure 1239609 ) NOV No. V20073238030
ASR # 1207302 )
Brooklyn, New York )
NOTICE OF VIOLATION
April 24, 2007
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 New York City Fire Department DBA
Bureau of Fire Communication ("Bureau of Fire Communication").
2. On March 23, 2007, an agent of the Commission's New York Office
inspected the antenna structure, ASR # 1207302, located at 35 Empire
Boulevard, Brooklyn, New York, and observed the following violation:
47 C.F.R. S 17.57: "The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must notify the Commission
within 24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). The owner must . . . immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information." Bureau of Fire Communications failed to
notify the Commission that Antenna Structure Registration Number 1207302
was dismantled. Subsequent to the inspection, the agent orally notified
the Bureau of Fire Communication of this violation and as of April 24,
2007, such notification had not been filed with the FCC.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Bureau of Fire
Communications 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 Bureau of Fire Communications 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 Bureau of Fire Communications 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