Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   M&M Tower Management Corp ) File No. EB-10-NY-0304

   ASR # 1066153 )

   Marlboro, New Jersey ) NOV No. V201032380023

                              NOTICE OF VIOLATION

   Released: June  21, 2010

   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 M&M Tower Management Corp, owner of
       antenna structure # 1066153 in Marlboro, New Jersey.

    2. On June 9, 2010, an agent of the Commission's New York Office
       inspected antenna structure # 1066153 located at Route 34 & Reside
       Hill Road, Marlboro, New Jersey, and observed the following violation:

   47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission, each
   new or altered antenna structure to be registered on or after January 1,
   1996, must conform to the FAA's painting and lighting recommendations set
   forth on the structure's FAA determination of `no hazard'." The FCC's
   Antenna Structure Registration ("ASR") database currently indicates that
   antenna structure number 1066153 requires 24-hour medium intensity white
   flashing lights in accordance with FAA Circular Number 70/7460-1K,
   Chapters 4, 6, and 12. The antenna structure does not conform to these
   recommendations, but is equipped with aviation orange and white paint and
   only red obstruction lighting, and therefore is in violation of 47 C.F.R.
   S: 17.23. In order to come into compliance with the Commission's rules,
   M&M Tower Management Corp must: (1) obtain a new FAA "no hazard"
   determination indicating that the current system is permitted and then
   submit a modified antenna structure registration to reflect the new "no
   hazard" determination , (2) submit a modified registration if a new FAA
   "no hazard" determination already has been obtained or (3) come into
   compliance with the current ASR by adding medium white obstruction
   lighting in accordance with FAA Circular Number 70/7460-1K, Chapters 4, 6,
   and 12.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, M&M Tower Management Corp,
       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 M&M Tower Management Corp. 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 M&M Tower Management Corp 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: 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