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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
New Cingular Wireless PCS, LLC	)	File No.:  EB-FIELDNER-13-00009127
	)
Owner of Antenna Structure No. 1025747	)	NOV No.:  V201332400032
	)
Williamsport, Pennsylvania	)	
	)	
			

NOTICE OF VIOLATION
 
	Released:  July 24, 2013

By the District Director, Philadelphia Office, Northeastern Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to New Cingular Wireless PCS, LLC (Cingular Wireless), owner of antenna structure number 1025747 in Williamsport, Pennsylvania.  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.

* On June 6, 2013, agents of the Enforcement Bureau's Philadelphia Office inspected antenna structure number 1025747 located at 200 Arch Street, Williamsport, Pennsylvania, and observed the following violation:

47 C.F.R. § 17.51(b): "All high intensity and medium intensity obstruction lighting shall be exhibited continuously unless otherwise specified." At the time of inspection, the medium intensity flashing white light was not functioning during the day.

* 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 violation and any remedial actions taken.  Therefore, Cingular Wireless 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.  

* In accordance with Section 1.16 of the Rules, we direct Cingular Wireless to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Cingular Wireless with personal knowledge of the representations provided in Cingular Wireless' response, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in the licensee's possession, custody, control, or knowledge 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.  

* 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 Office, Suite 404
2300 E. Lincoln Highway
Langhorne, Pennsylvania 19047

* This Notice shall be sent to New Cingular Wireless PCS, LLC at its address of record.  










* 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




David C. Dombrowski
District Director
Philadelphia District Office
Northeastern Region
Enforcement Bureau