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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Mercer ) File No. EB-08-NY-0269
ASR # 1212960 )
West Trenton, NJ ) NOV No. V200832380041
)
NOTICE OF VIOLATION
Released: July 28, 2008
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 County of Mercer, owner of antenna
structure 1212960 in West Trenton, NJ.
2. On July 15, 2008, an agent of the Commission's New York Office
inspected antenna structure 1212960 located at Scotch Road, West
Trenton, NJ 08628, 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 also immediately
notify the Commission using FCC Form 854 upon any change in structure
height or change in ownership information." The Antenna Structure
Registration for antenna structure 1212960 still shows "granted" status.
In order to come into compliance with the Commission's rules, County of
Mercer should file FCC Form 854 notifying the Commission that the tower
has been constructed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, County of Mercer 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
County of Mercer. 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 County of Mercer 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 District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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