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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SMR Leasing Corp. ) File No. EB-10-PA-0318
Owner of Antenna Structure # 1272259 )
Atlantic City, New Jersey ) NOV No. V201132400011
)
)
NOTICE OF VIOLATION
Released: January 26, 2011
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 SMR Leasing Corp. ("SMR"), the owner
of antenna structure # 1272259 in Atlantic City, New Jersey.
2. On November 17, 2010, agents of the Commission's Philadelphia Office
inspected antenna structure # 1272259 located on the roof of the Ocean
Club, 3101 Boardwalk, Atlantic City, New Jersey and observed the
following violations:
a. 47 C.F.R. S: 17.4(g): "Except as described in paragraph (h) of this
section, the Antenna Structure Registration Number must be displayed
in a conspicuous place so that it is readily visible near the base of
the antenna structure. Materials used to display the Antenna
Structure Registration Number must be weather-resistant and of
sufficient size to be easily seen at the base of the antenna
structure." At the time of the inspection, there was no antenna
structure registration ("ASR") number posted at the base of the
antenna structure.
b. 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." Although SMR
reported to the agent that it owns antenna structure # 1272259, the
Commission's ASR database indicated at the time of the inspection
that Atlantic Broadcasting of Linwood, LLC owned 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, SMR Leasing 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 SMR Leasing 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to SMR Leasing 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
Gene J. Stanbro
District Director
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