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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Hunterdon ) File No. EB-11-NY-0335
ASR # 1214994 )
Flemington, New Jersey ) NOV No. V201232380014
)
)
NOTICE OF VIOLATION
Released: November 22, 2011
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 Hunterdon, owner of
antenna structure # 1214994 in Flemington, New Jersey.
2. On November 3, 2011, an agent of the Commission's New York Office
inspected antenna structure # 1214994 located at 212 Cherryville Road,
Flemington, New Jersey 08822, and observed the following violations:
a. 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)." During the
inspection, the agent observed that construction of antenna structure
number 1214994 had been completed; the FCC's antenna structure
registration database, however, still showed the structure's status
as "granted."
b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the
continuing accuracy and completeness of information furnished in a
pending application or in Commission proceedings involving a pending
application. Except as otherwise required by rules applicable to
particular types of applications, whenever the information furnished
in the pending application is no longer substantially accurate and
complete in all significant respects, the applicant shall as promptly
as possible and in any event within 30 days, unless good cause is
shown, amend or request the amendment of the application so as to
furnish such additional or corrected information as may be
appropriate." During the investigation of this antenna structure, it
was determined that the geographic location provided by latitude and
longitude in the antenna structure registration application is not
correct. The coordinates provided for this structure place it more
than 11 miles from its actual location.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, County of
Hunterdon must submit a written statement concerning this matter
within 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 Hunterdon. 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 by Certified Mail/Return Receipt
Requested and regular mail to County of Hunterdon 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