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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Equity Communications, L.P. ) File No. EB-10-PA-0062
Registrant of Antenna Structure )
ASR # 1046225 )
Atlantic City, New Jersey ) NOV No. V201032400035
)
)
NOTICE OF VIOLATION
Released: April 7, 2010
By the District Director, Philadelphia 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 Equity Communications, L.P., the
owner of antenna structure # 1046225 in Atlantic City, New Jersey.
2. On March 5, 2010, agents of the Commission's Philadelphia Office
inspected antenna structure # 1046225 located in Atlantic City, New
Jersey, and observed the following violations:
a. 47 C.F.R. S: 17.50(a): "Antenna structures requiring painting under
this part shall be cleaned or repainted as often as necessary to
maintain good visibility." At the time of inspection, the agent
observed that the paint on the antenna structure was faded and
chipped.
b. 47 C.F.R. S: 73.49: "Antenna towers having radio frequency potential at
the base (series fed, folded unipole, and insulated base antennas) must be
enclosed with effective locked fences or other enclosures. Ready access
must be provided to each antenna tower base for meter reading and
maintenance purposes at all times. However, individual tower fences need
not be installed if the towers are contained within a protective property
fence" The agents observed that the tower was enclosed by a fence that had
an entrance gate with a working lock. At the time of inspection, however,
the entrance gate was open allowing access to the tower base.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Equity Communications,
L.P. 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
actions. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Equity Communications, L.P. 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
Gene J. Stanbro
District Director
Philadelphia 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