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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lobiondo Brothers Motor Express Inc. ) File No. EB-11-PA-0274
Antenna Structure Registrant )
ASR # 1215565 )
Rosenhayn, New Jersey ) NOV No. V201232400011
)
)
NOTICE OF VIOLATION
Released: December 8, 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 Lobiondo Brothers Motor Express Inc.
("Lobiondo"), registrant of antenna structure # 1215565 in Rosenhayn,
New Jersey.
2. On November 10, 2011, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure # 1215565 located at 712 N. Shiloh
Avenue, Rosenhayn, New Jersey, and observed the following violation:
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)...." At the time of inspection, no
antenna structure was constructed at the authorized location. Lobiondo
failed to notify the Commission that it dismantled the antenna structure.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Commission's rules, Lobiondo 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 Lobiondo. 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 by Certified Mail/Return Receipt
Requested and regular mail to Lobiondo Brothers Motor Express Inc. 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