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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
3G Development, Inc. ) File No. EB-09-SJ-0007
d/b/a Innovation Wireless Group ) NOV No. V200932680002
Owner of Antenna Structure in )
Fajardo, PR )
)
NOTICE OF VIOLATION
Released: March 17, 2009
By the Resident Agent, San Juan Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to 3G Development, Inc. d/b/a
Innovation Wireless Group ("3G"), owner of the antenna structure
located at 18DEG17 31.3 North latitude and 065DEG38 38.9 West
longitude, in Fajardo, Puerto Rico ("Tower").
2. On February 9, 2009, an agent of the Commission's San Juan Office of
the Enforcement Bureau inspected the Tower and observed the following
violation:
a. 47 C.F.R. S: 17.4(a)(1): "Effective July 1, 1996, the owner of any
proposed or existing antenna structure that requires notice of
proposed construction to the Federal Aviation Administration ("FAA")
must register the structure with the Commission. ... (1) For a
proposed antenna structure, the owner must register the structure
prior to construction or alteration." Notification of proposed
construction to the FAA was required pursuant to Section 17.7(b)(1)
of the Commission's Rules, 47 C.F.R. S: 17.7(b)(1). Therefore, the
Tower was required to be registered with the Commission, and 3G
failed to do so. Although the FAA was notified of the construction
and the Tower was not assigned painting and lighting requirements by
the FAA, due to a clerical error, 3G was still required to register
the Tower.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, 3G 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 the
tower owner. 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
San Juan Office
762 Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to 3G 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
William Berry
Resident Agent
San Juan District Office
South Central 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