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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
YMF Media New York Licensee LLC ) File No.: EB-FIELDNER-13-00009250
Registrant of Antenna Structures ) File No.: EB-FIELDNER-13-00009251
1046300, 1046301, 1046299, ) File No.: EB-FIELDNER-13-00009252
1046298, and 1046297 ) File No.: EB-FIELDNER-13-00009253
) File No.: EB-FIELDNER-13-00009254
Lyndhurst, New Jersey ) NOV No.: V201332380006
NOTICE OF VIOLATION
Released: June 18, 2013
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 (Rules)^ to YMF Media New York Licensee LLC,
registrant of antenna structure numbers 1046300, 1046301, 1046299,
1046298, and 1046297 in Lyndhurst, New Jersey. Pursuant to Section
1.89(a) of the Rules, issuance of this Notice does not preclude the
Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violation noted
herein.^
2. On June 4, 2013, agents of the Enforcement Bureau's New York Office
inspected antenna structure numbers 1046300, 1046301, 1046299,
1046298, and 1046297 located at 1400 Valley Brook Avenue, Lyndhurst,
New Jersey, and observed the following violation:
47 C.F.R. S 17.50: "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 paint on the antenna
structures was faded, reducing the antenna structures' visibility.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, YMF Media New York Licensee LLC must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.^
4. In accordance with Section 1.16 of the Rules, we direct YMF Media New
York Licensee LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an individual who has personal knowledge of the representations
provided in YMF Media New York Licensee LLC's response and who has the
authority to verify the truth and accuracy of the information
therein,^ and confirm that all of the information requested by this
Notice which is in the possession, custody, control, or knowledge of
YMF Media New York Licensee LLC has been produced. To knowingly and
willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title
18 of the U.S. Code.^
5. 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, New York 10014
6. This Notice shall be sent to YMF Media New York Licensee LLC at its
address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Stephen Maguire
District Director
New York Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 403.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission